Club Debate – Terms of Use

Welcome to Club Debate Algorithm (Club Debate is a part of Club Debate Algorithm Canada). We provide you with access to a free to use, interactive platform Club Debate Algorithm (“Club Debate”) which can be downloaded through your app store. You can use Club Debate to create, share and view content and connect with other users (“Service”). These terms of use along with the Community Guidelines (together referred to as “Club Debate / Club Debate Algorithm Terms of Use”), and the Privacy Policy (“Privacy Policy”) govern your use of the Service.

This document is an electronic record in terms of Information Technology Act, 2000 and rules thereunder pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000 and rules made thereunder.

For the purpose of these Club Debate (Club Debate Algorithm) Terms of Use, the terms “You” “Your” or “User” shall mean any person, natural or legal who uses or browses Club Debate. The term “We”, “Us”, “Our” shall mean Club Debate ALGORITHM (Club Debate Algorithm and its affiliates).

Definitions

Certain words and expressions in the Club Debate Terms of Use have a specific meaning, and are reproduced below for ease of reference:

1. Content includes all Templates, text, graphics, images, music, software, audio, video, information, or any other materials available on Club Debate and/or the Service as well as the look and feel of Club Debate.
2. Devices means any and all internet enabled devices like smart phones, tablets, laptops, desktops, Internet TV, etc. which are compatible with and have access to the Internet.
3. Internet shall mean the system making use of the TCP/IP software protocols known as the internet or the worldwide web whatever the communications links may be which connects the user (including by way of fixed, mobile, DSL, ISDN, UMTS WiMax or other broadband links) including any developments in such protocols or any other protocols which may be developed which give equivalent, reduced or enhanced functionality compared with such protocols.
4. Community Guidelines means Club Debate’s community guidelines.

Registration

This Service can only be availed of by users who have registered on Club Debate. You will not be permitted to post any Posts (as hereinafter defined) without registering on Club Debate first. To register yourself on Club Debate, You may be required to provide certain personal information to Club Debate Algorithm (Club Debate Algorithm), such as your name, age, gender, email address, mobile number. You may only register on Club Debate if you are above 18 years of age.

On successful registration on Club Debate Algorithm, Club Debate ALGORITHM (Club Debate Algorithm) will intimate You of the same, and You will be entitled to avail of the Service.

Accessing the Service Through VPN

You may not access or use the Service by means or any technology which conceals Your actual location or provides incorrect details of Your location, for example, through use of a virtual private network (VPN).

Use of Club Debate

You may use and the Content therein and avail the Services so long as such use is in compliance with applicable law. You may not use Club Debate for any purpose not intended under these Club Debate / Club Debate Algorithm Terms of Use. You will not use Club Debate in any way that harms Club Debate Algorithm or directors, employees, affiliates, distributors, partners, service providers and/or any other user/ visitor of Club Debate.

You may not use the Site in any manner that could damage, disable, overburden, block, or impair Club Debate, whether in part or in full and whether permanently or temporarily, or disallow or interfere with any other party's use and enjoyment of Club Debate and the Services.

Eligibility

Unless otherwise specified, Club Debate is available for individuals who have attained the age of majority in their jurisdiction. In the case of Canada, this Service is restricted to users who are aged 18 years or older unless you use the Service with the consent of your parent or legal guardian. If You are under the relevant age of majority in Your jurisdiction, You may only access or use the Service in accordance with applicable law which enables a minor in your jurisdiction to access such a service. In Canada, by accessing, browsing, uploading or downloading Content and/or Posts and/or downloading and/or installing and/or using the Services, YOU represent and warrant that YOU are 18 years of age or older and in case YOU are less than 18 years of age, YOU may not access the Services, except with the consent of, and under the supervision of YOUR parent or legal guardian. Therefore, it shall be presumed that any access by a minor is with the consent of and under the supervision of the parent and/or legal guardian.

Some content offered or posts on Club Debate may not be suitable for some users and therefore viewer discretion is advised. Further, some content offered or posts on Club Debate Algorithm may not be appropriate for viewership by children. Parents and/or legal guardians are responsible for allowing their children and/or wards to access content or posts on Club Debate. As a parent or guardian, you acknowledge that by allowing any minor in your care to access any devices through which the Services may be accessible, you assume full responsibility for the Content or Posts viewed by such minor and Club Debate Algorithm / Club Debate Algorithm shall have no responsibility towards such access, viewing, and/or downloading of content and/or posts.

As a parent and/or legal guardian, you agree and acknowledge that if you allow access to any minor in your care to view such Content or Posts, you will always be responsible for the access and viewing, as agreed under these Club Debate / Club Debate Algorithm Terms of Use. Your access to and use of the Services is also subject to all applicable laws, rules, and regulations framed thereunder.

User Generated Content on Club Debate (Club Debate Algorithm)

The Club Debate platform will be made available on Your app store by Club Debate to enable You to share your own (user generated) comments, text, pictures and/or videos (“Posts”) with other Users on the Site for an interactive experience. You may add music, filters, graphics, and other template elements to such Posts as may be made available by Club Debate Algorithm on Club Debate from time to time (“Templates”). Club Debate Algorithm hereby grants you a revocable, non-exclusive, royalty free and worldwide license to use the Templates solely for the purpose of creating and publishing your Posts on Club Debate.

Whether or not your Posts are made in combination with Club Debate preinstalled Templates, your Posts are considered as newly created audio-visual electronic records for which you are the publisher and author.

By sharing Posts on Club Debate, you understand, acknowledge and agree that such Posts may be viewed by the other users on Club Debate, and the same can be limited at your own discretion by You changing the privacy settings of your user profile to limit the audience of your Posts to certain groups only. The Posts would also continue to remain on the Club Debate platform until removed by You or removed in accordance with the conditions mentioned elsewhere in these Club Debate / Club Debate Algorithm Terms of Use.

Club Debate Algorithm role is that of an ‘intermediary’ as defined under the Information Technology Act, 2000 and the rules thereunder, with regard to the Posts. Being an intermediary, Club Debate / Club Debate Algorithm has no responsibility and/or liability in respect of any Posts on Club Debate (Club Debate Algorithm), including for intellectual property rights infringement, defamation, obscenity or any other violation under applicable law.

Posts Relating to News Content

In the event You qualify to be a publisher of news and current affairs content as defined under the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 (“IT Rules”), You are required to furnish details of Your user accounts on Club Debate to the Ministry of Information and Broadcasting of the Government of Canada (“MIB”), along with such other information and documents required by the MIB, in accordance with the IT Rules.

Club Debate (Club Debate Algorithm) Intellectual Property Rights

No right, title, or interest in any Content is transferred to You whether as a result of accessing Club Debate (Club Debate Algorithm) and availing the Services, or otherwise. Club Debate Algorithm reserves all right, title and interest in all such Content. Except as authorized under these Club Debate (Club Debate Algorithm) Terms of Use, You may not download, alter, copy, modify, distribute, transmit, or derive another work from any Content obtained from Club Debate (Club Debate Algorithm).

Club Debate Algorithm assert all proprietary rights in and to all names and trademarks in connection with Club Debate and the Service (except in the Posts). Any use of Club Debate Algorithm trademarks or copyright in connection with any service that does not belong to Club Debate, unless otherwise authorized in a written license agreement, will constitute an infringement of Club Debate intellectual property rights and may be actionable under applicable law.

Ownership of Posts and Account

You retain all ownership right, title and interest in your account and in the Posts (excluding any Templates used) which you publish on Club Debate (Club Debate Algorithm), including any images contained therein. However, by submitting the Posts on Club Debate (Club Debate Algorithm), you hereby grant Club Debate Algorithm a worldwide, perpetual, royalty free, non-exclusive, sub-licensable right to reproduce, distribute, issue copies, make available, publicly communicate and display copies of the Posts shared by You.

The Posts uploaded by You can also be discovered under the ‘Search’ tab on Club Debate (Club Debate Algorithm) along with other Posts uploaded by other Users. For sake of clarity, (Club Debate Algorithm)/ Club Debate Algorithm does not make available any audio and/or audio-visual contents that belongs to any third-party neither Club Debate Algorithm intends to make such third party publishers contents available on Club Debate. Any such contents are uploaded and made available by the User at their own risk.

You represent and warrant that you have taken all requisite consents, permissions or licenses required for uploading your Post on Club Debate, including, but not limited to, consents from individuals featured in your Posts, and/or any consents or licenses required for music and/or artwork contained in your Post, prior to uploading such Posts on Club Debate (Club Debate Algorithm). Club Debate / Club Debate Algorithm does not assume any responsibility or liability for any Posts including any content therein.

Club Debate Algorithm / Club Debate Algorithm reserves the right to disallow or delete any Posts which it determines, in its sole discretion, is in violation of these Club Debate Terms of Use, and/or its Community Guidelines. Club Debate / Club Debate Algorithm may also delete or takedown any Posts upon receipt of a valid order of a court or authorized Government agency in accordance with its obligations as an intermediary under the IT Rules.

Your Responsibility

In addition to the responsibilities set out under the Community Guidelines, You undertake that, without prejudice to Your obligation to otherwise comply with applicable laws, rules and regulations, You shall not share any information/material or Post that:

• belongs to another person and to which You do not have any right to;
• is defamatory, obscene, pornographic, paedophilic, invasive of another's privacy (including bodily privacy), insulting or harassing on the basis of gender, libellous, racially or ethnically objectionable, relating or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to the laws in force; is harmful to child;
• infringes any patent, trademark, copyright or other proprietary rights;
• violates any law for the time being in force;
• deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact; impersonates another person (including celebrities or any influencer);
• threatens the unity, integrity, defence, security or sovereignty of Canada, friendly relations with foreign States, or public order, or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting to any other nation;
• contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
• is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency, for financial gain or to cause any injury to any person;

You further undertake that:

• You shall not buy, sell, or transfer any part of Your account, or profile on Club Debate (Club Debate Algorithm), including your username, login credentials, password, badges or Posts.
• You shall not report any Posts or user accounts unless they are genuinely in violation of any law, the Community Guidelines, or any provision of these Club Debate (Club Debate Algorithm) Terms of Use.

Reporting of Posts

In case You believe that any Post on Club Debate violates any law, our Community Guidelines, or any provision of these Club Debate Terms of Use, you may report such Posts by clicking on the ‘report’ button on the Post. You may be required to provide reasons for reporting such Posts. Alternatively, You may also file a complaint or grievance with Our Grievance Officer, whose details are provided in these terms.

Upon such Post being reported, Club Debate Algorithm shall take up to 24 to 36 hours to acknowledge Your complaint, and up to 15 (fifteen) days to determine whether such Post is required to be taken down from Club Debate. You acknowledge and agree that Club Debate / Club Debate Algorithm’s decision in all such matters will be final binding, and Club Debate Algorithm / Club Debate Algorithm shall not be liable for any claims in this regard.

Reporting of Accounts

In case You believe that any User account on Club Debate violates any law, our Community Guidelines, or any provision of these Club Debate Terms of Use, you may report such account by clicking on the ‘report’ button on the User’s profile. You may be required to provide reasons for reporting such Accounts. Alternatively, You may also file a complaint or grievance with Our Grievance Officer, whose details are provided below.

Upon such account being reported, the details of a user’s profile are sent to Club Debate Algorithm, and Club Debate Algorithm / Club Debate Algorithm shall take up to 24 to 36 hours to acknowledge your complaint, and up to 15 (fifteen) days to determine whether such profile, or certain specific posts from the profile, are required to be taken down from Club Debate. You acknowledge and agree that Club Debate’s decision in all such matters will be final binding, and Club Debate / Club Debate Algorithm shall not be liable for any claims in this regard.

Termination of Service

Club Debate Algorithm / Club Debate Algorithm reserves the right to suspend, limit and/or terminate your use of Your account or remove Your Posts on the Club Debate (Club Debate Algorithm) platform, or the Service, upon providing you with notice, if, in Club Debate’s sole discretion and opinion, that you have breached its Community Guidelines and/or the Club Debate Terms of Use and/or any other policy or guideline which may be issued by Club Debate Algorithm from time to time. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating Your user account and may be referred to appropriate law enforcement authorities.

You may also voluntarily deactivate, suspend or delete Your Account by following the instructions at the Club Debate Help Centre.

Grievance Officer

You may submit any complaints, concerns, or grievances arising out of any matter, including violations of these Terms of Use or the Community Guidelines, to the Club Debate Grievance Officer. The contact details of the Grievance Officer are as follow:

Mr/ Ms Haissam Karhani

Contact Details: Club Debatealgorithm@gmail.com / 15148851627

The Grievance Officer shall acknowledge the complaint within 24 to 36 hours and dispose of Your complaint within a period of 15 (fifteen) days from its receipt.

You would be required to furnish relevant details pertaining to your concern, complaint or grievance, specifically including your user details, and details / description of the alleged violation, what relief You are requesting, and/or any other information which may be required by Club Debate Algorithm to assess your concern, complaint or grievance.

Third Party Content

You may be provided with content, information or links on Club Debate (Club Debate Algorithm) which may direct you to third party content, websites or applications (“Third Party Content”). Club Debate / Club Debate Algorithm’s role is limited to providing a communication platform along with hosting services to third parties, to enable transmission of Third Party Content to You. Club Debate (Club Debate Algorithm)’s role is limited to an ‘intermediary’ as defined under the Information Technology Act, 2000 in relation to such Third Party Content. Club Debate Algorithm / Club Debate Algorithm accepts no liability or responsibility in respect of Third Party Content. Your use of any Third Party content is subject to the terms of use of the respective third party website, and Club Debate Algorithm / Club Debate Algorithm is not responsible for Your use of any third party website. Please exercise your independent judgment while viewing any Third Party Content.

Advertisements

Club Debate Algorithm / Club Debate Algorithm disclaims any liability arising out of the advertisements, usage or viewing of products or services advertised on Club Debate.

As Club Debate (Club Debate Algorithm) is free, and earns part of its revenue through advertisements, You agree not to use any ad-blocking software or similar built-in web browser options designed to block online advertising while using the Service. You agree that Club Debate Algorithm / Club Debate Algorithm has the right to run / play ads during playing your video with or without monetization. Playing ads on your video is in our sole discretion.

Feedback

Club Debate / Club Debate Algorithm welcomes and encourages YOU to provide feedback, comments and suggestions for improvements to Club Debate (“Feedback”). YOU may submit Feedback at the Help Center. YOU acknowledge and agree that all Feedback will be the sole and exclusive property of Club Debate / Club Debate Algorithm and YOU hereby irrevocably assign to Club Debate / Club Debate Algorithm all of YOUR right, title, and interest in and to all Feedback, including without limitation all worldwide patent rights, copyright rights, trade secret rights, and other proprietary or intellectual property rights therein. At Club Debate’s request and expense, YOU will execute documents and take such further acts as Club Debate / Club Debate Algorithm may reasonably request to assist Club Debate to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback. You further acknowledge and agree that Club Debate / Club Debate Algorithm shall not be under an obligation to take any action pursuant to the Feedback provided by You. Club Debate / Club Debate Algorithm may, at its sole discretion, decide whether any action is required to be taken based on the Feedback received from You. You hereby expressly agree to indemnify and keep Club Debate / Club Debate Algorithm harmless against any liabilities that may be suffered or incurred by Club Debate / Club Debate Algorithm as a consequence of any action taken by Club Debate / Club Debate Algorithm pursuant to Your Feedback.

Warranty / Disclaimer

To the maximum extent permitted by applicable law of Canada, Club Debate is provided on an “as is” basis without warranty of any kind, express or implied. Without limiting the foregoing provisions, you assume sole risk and responsibility for selecting Club Debate to achieve your intended results, and sole responsibility for the installation of, use of, and results obtained from Club Debate. Without limiting the foregoing provisions, Club Debate (Club Debate Algorithm) makes no warranty that Club Debate will be error-free, virus free, or free from interruptions or other failures or that Club Debate will satisfy your specific requirements or that the errors will be rectified. You understand that Club Debate may be blocked or made inoperable and (Club Debate Algorithm) assumes no responsibility or liability for the same. Club Debate is not fault-tolerant and is not designed or intended for use in hazardous environments requiring fail-safe performance, including without limitation, in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, weapons systems, direct life-support machines, or any other application in which the failure of Club Debate network could lead directly to death, personal injury, or severe physical or property damage (collectively, “High Risk Activities”). Club Debate expressly disclaims any express or implied warranty of fitness for High Risk Activities.

Indemnification

You agree to indemnify, defend, and hold harmless Club Debate / Club Debate Algorithm, its subsidiaries, affiliates, officers, directors, employees, consultants and agents (“Indemnified Parties”) from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys’ fees and costs) that such Indemnified Parties may incur as a result of or arising from (a) any information (including, without limitation, your user generated content (including posts), feedback, or any other content) you (or anyone using your account) submit, post, or transmit on Club Debate; (b) your (or anyone using your account’s) use of Club Debate; (c) your (or anyone using your account’s) violation of these Club Debate Terms of Use; or (d) your (or anyone using your account’s) violation of any rights of any other person or entity, including, without limitation, any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity, or violation of applicable law. Club Debate / Club Debate Algorithm reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Club Debate / Club Debate Algorithm in asserting any available defenses.

Limitation of Liability

Under no circumstances and under no legal theory, whether in tort, contract, or otherwise, shall Club Debate / Club Debate Algorithm be liable to you or to any other person or entity for any indirect, special, incidental, punitive, remote or consequential damages or any other damages whatsoever (including, without limitation, damages for loss of profits, loss of goodwill, loss of confidential or other information, business interruption, work stoppage, computer failure or malfunction, personal injury, loss of privacy, failure to meet any duty including a duty of good faith or of reasonable care, negligence (whether active or passive), and any other pecuniary or other loss whatsoever) arising out of or in any way related to the use or inability to use Club Debate, loss of data or otherwise under or in connection with any provision of these terms, even in the event of fault, tort (including negligence, and gross negligence), strict liability, breach of contract, or breach of warranty by Club Debate / Club Debate Algorithm, and even if Club Debate / Club Debate Algorithm has been advised of the possibility of such damages. This limitation of liability shall not apply to liability for death or personal injury to the extent that applicable law prohibits such limitation. The foregoing provisions shall be enforceable to the maximum extent permitted by applicable law.