The Terms of Service
These terms of service (referred to as the "Terms of Service") are a legally binding agreement between you and the owner of YOURARGUMENTISINVALID.COM (the "Owner"), regarding your use of YOURARGUMENTISINVALID.COM (referred to collectively as the "Services" in this document).
It is important that you read the Terms of Service carefully and completely.
Accepting the Terms of Service
By accessing or using the Services, you are agreeing to be bound by the Terms of Service. If you do not agree with any of these terms, you may not access or use the Services.
You accept the Terms of Service by using the Services. Thus, you understand and agree that the Owner will consider your use of the Services as acceptance of the Terms of Service from then and into the future.
You may not accept the Terms of Service and thus not use the Services if you are not of legal age to form a binding contract with the Owner or you are a person barred from receiving the Services under the laws of the United States of America or the country in which you reside or from which you use the Services.
Specifically, you affirm that you are over 18 years of age, or an emancipated minor, or possess legal parental or guardian consent. In any case, you affirm that you are over the age of 13, as the Services are not intended for children under 13.
Changes to the Terms of Service
The Owner may revise the Terms of Service for the Services at any time without notice.
If such a change is made, you agree to be bound by such modifications or revisions.
Accounts
In order to access some features of the Services, you will have to create an account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify the Owner immediately of any breach of security or unauthorized use of your account.
Your User Submissions and Conduct
As a user of the Services, you may submit image content and textual content. These are referred to as "User Submissions." You understand that whether or not such User Submissions are published, the Owner does not guarantee any confidentiality with respect to any User Submissions, except with regards to the Privacy Policy.
You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize the Owner to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Services and these Terms of Service.
For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting User Submissions to the Owner, you hereby grant the Owner a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the Services, the Services business, including without limitation for promoting and redistributing part or all of the Services (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Services a non-exclusive license to access your User Submissions through the Services, and to use, reproduce, distribute, display and perform such User Submissions as permitted through the functionality of the Services and under these Terms of Service. The above licenses granted by you in User Submissions are perpetual and irrevocable.
In connection with User Submissions, you further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant the Owner all of the license rights granted herein.
You further agree that you will not, in connection with User Submissions, submit material that is contrary to the Community Guidelines, which may be updated from time to time, or contrary to applicable local, national, and international laws and regulations.
The Owner does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and the Owner expressly disclaims any and all liability in connection with User Submissions. The Owner does not permit copyright infringing activities and infringement of intellectual property rights in the Services, and the Owner will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. The Owner reserves the right to remove Content and User Submissions without prior notice.
The Owner reserves the right to decide whether content or a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. The Owner may remove such User Submissions and/or terminate your access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.
Copyright Complaints
The Owner's policy is to respond to claims of copyright and other intellectual property infringement. The Owner will process and investigate notices of alleged infringement that comply with the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws.
If you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing the Owner with a written communication via email to copyright@yourargumentisinvalid.com with the subject of "DMCA Infringement Notification" using the following format:
1. Identify in sufficient detail the copyrighted work that you believe has been infringed upon or other information sufficient to specify the copyrighted work being infringed.
2. Identify the material (along with web addresses, if applicable) that you claim is infringing the copyrighted work listed in item #1 above.
3. Provide information reasonably sufficient to permit the Owner to contact you (email address is preferred).
4. Provide information, if possible, sufficient to permit the Owner to notify the person responsible for posting the allegedly infringing webpage or other content (email address is preferred).
5. Include the following statement: "I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law."
6. Include the following statement: "I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."
Send a copy of this information via email to copyright@yourargumentisinvalid.com.
Please note that in addition to being forwarded to the person who provided the allegedly infringing content, a copy of this legal notice will be sent to a third-party which may publish and/or annotate it. As such, your letter (with your personal information redacted) will be forwarded to Chilling Effects (http://www.chillingeffects.org). A link to your published letter may be displayed in place of the removed content.
Please also note that you may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that an activity is infringing your copyright. If you are uncertain whether an activity constitutes infringement, we recommended seeking advice of an attorney.
The Owner reserves the write to ask you to do send documents via postal mail or fax should the Owner have any doubts regarding the authenticity of the email.
Once notified of the removal process, the provider of affected content may make a counter notification pursuant to sections 512(g)(2) and (3) of the Digital Millennium Copyright Act. When the Owner receives a counter notification, we may reinstate the material in question. Please note that you will be liable for damages (including costs and attorneys' fees) if you materially misrepresent that a product or activity is not infringing the copyrights of others. Accordingly, if you are not sure whether certain material infringes the copyrights of others, we suggest that you first contact an attorney.
Other Content
The Services may include links to other websites or resources. The Owner has not reviewed all of the websites or resources and will not and cannot censor or edit their content.
You agree that the Owner is not responsible for the availability of any such website or resource and does not endorse any advertising, products or other materials on or available from such websites or resources.
You agree that the Owner is not liable for any loss or damage which may be incurred by you as a result of the availability of those websites or resources or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such websites or resources. Use of any such linked web site is at the user's own risk.
Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE Services SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, THE Owner, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. THE Owner MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE Services. THE Owner DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE Services OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND THE Owner WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
Limitation of Liability
IN NO EVENT SHALL THE Owner, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE Services, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT THE Owner SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Website is controlled and offered by the Owner in the United States of America. The Owner makes no representations that the Services are appropriate or available for use in other locations. Those who access or use the the Services from other jurisdictions do so at their own volition and are responsible for compliance with local law.
Indemnity
You agree to defend, indemnify and hold harmless the Owner, employees and agents, from and against any and all claims, damages, costs, obligations, liabilities, losses, or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Services; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Services.
General
When using the Services, you may use a service provided by another person or company. Your use of other services which the Owner does not provide (excluding any service which the Owner may provide you under a separate written agreement) may be subject to terms between you and the person or company providing the service. If that is the case, the Terms of Service here does not affect your legal relationship with said person or company.
You agree that if the Owner does not exercise or enforce any legal right which is contained in the Terms of Service, or which the Owner has the benefit of under any applicable law, this will not be construed as a formal waiver of the Owner's rights and those rights will still be available to the Owner.
If any court of law with jurisdiction to rule on the matter rules that any provision in the Terms of Service is invalid, then that provision will be removed from the Terms of Service without affecting the ret of the Terms of Service. Thus, the rest of the provisions in the Terms of Service will be continue to be valid and enforceable.
The Terms of Service and your relationship with the Owner under the Terms of Service shall be governed by the laws of the State of Ohio without regard without regard to its conflict of law provisions.
Contacting the Owner
If you have any questions, comments, or concerns about these Terms of Service or the Services, please send us an email to tos@yourargumentisinvalid.com.
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