DebateAble Curriculum Package
DebateAbleTM is the author of a debate education curriculum (the “Curriculum”) designed for use in traditional classroom settings or informal educational programs such as after-school clubs, homeschool groups, or scout troops. The goal of DebateAble’s program is to introduce the Curriculum to the broadest number of appropriate persons, that is, instructors (coaches) and upper elementary and early middle school-aged students under these terms and conditions.
A. Scope of License.
The Curriculum, Products, and the Content are the property of DebateAble. DebateAble grants you a limited, non-exclusive, revocable license to make use of the Curriculum and Products, and limited, non-exclusive, revocable permission to make personal, non-commercial (other than operation of the licensed debate program) use of the Content (collectively, “Access”). This Access shall remain in effect until and unless terminated by you or DebateAble. You promise and agree that you are using the DebateAble Curriculum, Products and Content for your own use for the purpose of teaching/coaching debate in an educational setting, and that you will not otherwise redistribute or transfer the DebateAble Curriculum, Products or the Content.
The DebateAble Curriculum, Products and the Content are not sold or transferred to you, and DebateAble retains ownership of all copies even after downloading to your personal computers, mobile handsets, tablets, wearable devices, speakers and/or other devices (“Devices”).
B. Obligations of Licensee
(a) Teach/use the Curriculum only in a face-to-face setting. Distance learning, such as e-learning, video conferencing, webinars, or other distance education is not permitted.
(b) Inform DebateAble (at firstname.lastname@example.org) of the complete address(es) of the physical location(s) at which Licensee intends to teach the Curriculum, including without limitation the street number, name, city, state and zip code.
(c) Reference the DebateAble Curriculum in any and all promotional materials.
Licensee may not:
(a) Loan, rent, lease, transfer or sub-license the Curriculum or any of its supporting documents.
(b) Export or teach/use the Curriculum outside of the United States without the express written permission of DebateAble.
(c) Alter, copy or distribute the Curriculum, with the exception of those pages specifically identified as being for classroom use; provided that such pages should only be distributed as part of Curriculum instruction or participation.
(d) Copy any portion of the Curriculum to an internet site other than debateablekids.com.
(e) Include the DebateAble name in the title of the club, class or program without the express written permission of DebateAble or its Director.
2. Changes to TOU
Occasionally we may make changes to the TOU. When we make material changes to the TOU, we’ll provide you with notice as appropriate under the circumstances, e.g., by displaying a prominent notice on our website or by sending you an email. In some cases, we will notify you in advance, and your continued use of the Curriculum, Products and/or Content after the changes have been made will constitute your acceptance of the changes. Please make sure you read any such notice carefully. If you do not wish to continue using the Curriculum, Products and/or Content under the new version of the TOU, you may terminate your account by contacting us.
You may purchase a paid subscription directly from DebateAble by paying an annual subscription fee in advance, giving you access to the DebateAble Curriculum, Products and Content for one year (the “Pre-Paid Period”).
DebateAble may change the price for the paid subscriptions from time to time and will communicate any price changes to you in advance and, if applicable, how to accept those changes. Price changes will take effect at the start of the next subscription period following the date of the price change. Subject to applicable law, you accept the new price by continuing to use the DebateAble Curriculum, Products and Content after the price change takes effect. If you do not agree with a price change, you have the right to reject the change by unsubscribing from the paid subscription prior to the price change going into effect.
B. Renewal; Cancellation
Unless your paid subscription has been purchased for a Pre-Paid Period, your payment to DebateAble will automatically renew at the end of the applicable subscription period, unless you cancel your paid subscription in writing before the end of the then-current subscription period. The cancellation will take effect the day after the last day of the current subscription period. We do not provide refunds or credits for any partial subscription periods.
4. User-Generated Content
All DebateAble trademarks, service marks, trade names, logos, domain names, and any other features of the DebateAble brand (“DebateAble Brand Features”) are the sole property of DebateAble. The Agreements do not grant you any rights, other than as expressly set forth herein, to use any DebateAble Brand Features whether for commercial or non-commercial use. You may use the DebateAble name and logos, with proper attribution, in your promotional materials.
You agree to not to use the DebateAble Curriculum, Products, or the Content, or any part thereof in any manner not expressly permitted by this TOU. Except for the rights expressly granted to you in this TOU, DebateAble grants no right, title, or interest to you in the DebateAble Curriculum, Products or Content.
5. Rights You Grant Us
If you provide feedback, ideas or suggestions to DebateAble in connection with the DebateAble Curriculum, Products or Content (“Feedback”), you acknowledge that the Feedback is not confidential and you authorize DebateAble to use that Feedback without restriction and without payment to you. Feedback is considered a type of User Content.
You grant DebateAble a non-exclusive, transferable, sub-licensable, royalty-free, perpetual, irrevocable, fully paid, worldwide license to use, reproduce, make available to the public (e.g. perform or display), publish, translate, modify, create derivative works from, and distribute any of your User Content through any medium, whether alone or in combination with other Content or materials, in any manner and by any means, method or technology, whether now known or hereafter created. Aside from the rights specifically granted herein, you retain ownership of all rights, including intellectual property rights, in the User Content. Where applicable and permitted under applicable law, you also agree to waive and not enforce any “moral rights” or equivalent rights, such as your right to be identified as the author of any User Content, including Feedback, and your right to object to derogatory treatment of such User Content.
6. User Guidelines
DebateAble respects intellectual property rights and expects you to do the same. We’ve established a few ground rules for you to follow when using the Curriculum, Products and Content, to make sure DebateAble stays enjoyable for everyone. You must follow these rules and should encourage other users to do the same.
The following is not permitted for any reason whatsoever:
- Copying, redistributing, reproducing, “ripping,” recording, transferring, performing or displaying to the public, broadcasting, or making available to the public any part of the DebateAble Curriculum, Products or the Content, or otherwise making any use of the DebateAble Curriculum, Products or the Content which is not expressly permitted under the Agreements or applicable law or which otherwise infringes the intellectual property rights (such as copyright) in the DebateAble Curriculum, Products or the Content or any part of it;
- Using the DebateAble website to import or copy any local files that you do not have the legal right to import or copy in this way;
- Reverse-engineering, decompiling, disassembling, modifying, or creating derivative works of the DebateAble Curriculum, Products, Content or any part thereof except to the extent permitted by applicable law;
- Circumventing any technology used by DebateAble, its licensors, or any third party to protect the Content or the Curriculum and Products;
- Selling, renting, sublicensing or leasing of any part of the DebateAble Curriculum, Products or the Content;
- Circumventing any territorial restrictions applied by DebateAble or it licensors;
- Removing or altering any copyright, trademark, or other intellectual property notices contained on the Curriculum, Products or the Content (including for the purpose of disguising or changing any indications of the ownership or source of any Content); or
- Providing your password to any other person or using any other person’s username and password;
Please respect DebateAble, the owners of the Content, and other users of the DebateAble Products and Curriculum. Don’t engage in any activity, post any User Content, or register and/or use a username, which is or includes material that:
- Is offensive, abusive, defamatory, pornographic, threatening, or obscene;
- Is illegal, or intended to promote or commit an illegal act of any kind, including violations of intellectual property rights, privacy rights, or proprietary rights of DebateAble or a third party;
- Includes your password or purposely includes any other user’s password or purposely includes personal data of third parties or is intended to solicit such personal data;
- Includes malicious content such as malware, Trojan horses, or viruses, or otherwise interferes with any user’s access to the Service;
- Is intended to or does harass or bully other users;
- Impersonates or misrepresents your affiliation with another user, person, or entity, or is otherwise fraudulent, false, deceptive, or misleading;
- Involves the transmission of unsolicited mass mailings or other forms of spam, junk mail, chain letters, or similar;
- Involves commercial or sales activities, such as advertising, promotions, contests, sweepstakes, or pyramid schemes, that are not expressly authorized by DebateAble;
- Links to, references, or otherwise promotes commercial products or services, except as expressly authorized by DebateAble; or
- Conflicts with the TOU, as determined by DebateAble.
Your password protects your user account, and you are solely responsible for keeping your password confidential and secure. You understand that you are responsible for all use (including any unauthorized use) of your username and password. If your username or password is lost or stolen, or if you believe there has been unauthorized access to your account by a third party, you must notify us immediately and change your password as soon as possible.
7. Term and Termination.
The TOU will continue to apply to you until terminated by either you or DebateAble. However, you acknowledge and agree that the perpetual license granted by you in relation to User Content, including Feedback, is irrevocable and will therefore continue after expiry or termination of any of the TOU for any reason. DebateAble may terminate the TOU or suspend your access to the DebateAble Curriculum, Products and Content at any time, including in the event of your actual or suspected unauthorized use of the DebateAble Curriculum, Products and/or Content, or non-compliance with the TOU, or if we withdraw the Curriculum, Products and/or Content (in which case we shall provide you with reasonable notice in advance of doing so). If you or DebateAble terminate the TOU, you agree that DebateAble shall have no liability or responsibility to you, and DebateAble will not refund any amounts that you have already paid, to the fullest extent permitted under applicable law. You may terminate the TOU at any time. To learn how to terminate your DebateAble account, please contact us. This section will be enforced to the extent permissible by applicable law.
8. Warranty Disclaimer
YOU UNDERSTAND AND AGREE THAT THE DEBATEABLE CURRICULUM, PRODUCTS AND CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. DEBATEABLE AND ALL OWNERS OF THE CONTENT MAKE NO REPRESENTATIONS AND DISCLAIM ANY WARRANTIES OR CONDITIONS OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NEITHER DEBATEABLE NOR ANY OWNER OF CONTENT WARRANTS THAT THE DEBATEABLE SERVICE IS FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. NO ADVICE OR INFORMATION WHETHER ORAL OR IN WRITING OBTAINED BY YOU FROM DEBATEABLE SHALL CREATE ANY WARRANTY ON BEHALF OF DEBATEABLE. THIS SECTION APPLIES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
THIS SECTION DOES NOT AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER.
IN NO EVENT WILL DEBATEABLE’S LIABILITY TO YOU FOR ANY REASON EXCEED THE TOTAL AMOUNT PAID BY YOU TO DEBATEABLE FOR USE OF THE CURRICULUM, PRODUCTS AND CONTENT.
a. Should any provision of the TOU be held invalid or unenforceable for any reason or to any extent, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of the Agreements, and the application of that provision shall be enforced to the extent permitted by law.
b. Any failure by DebateAble or any third party beneficiary to enforce the Agreements or any provision thereof shall not waive DebateAble’s or the applicable third party beneficiary’s right to do so.
c. As used in these Terms, the words “include” and “including,” and variations thereof, will be deemed to be followed by the words “without limitation
d. DebateAble may assign the TOU, and any of its rights hereunder, in whole or in part, and DebateAble may delegate any of its obligations under the TOU. You may not assign the TOU, in whole or in part, nor transfer or sub-license your rights under the TOU, to any third party.
e. You agree to indemnify and hold DebateAble harmless from and against all damages, losses, and expenses of any kind (including reasonable attorney fees and costs) arising out of or related to: (1) your breach of the TOU or any one of them; (2) any User Content you post or otherwise contribute; (3) any activity in which you engage on or through the DebateAble website; and (4) your violation of any law or the rights of a third party.
f. The TOU (and any non-contractual disputes/claims arising out of or in connection with them) are subject to the laws of the state of Washington, United States of America, without regard to choice or conflicts of law principles. Further, you and DebateAble agree to the jurisdiction of the Western District of Washington to resolve any dispute, claim, or controversy that relates to or arises in connection with the TOU (and any non-contractual disputes/claims relating to or arising in connection with them) and is not subject to mandatory arbitration .
g. If you have any questions concerning the DebateAble Service or the Agreements, please contact DebateAble Customer Service by visiting the About Us section of our website.