Terms of Service

Caracas, Venezuela

Version Date: June 21, 2023

TERMS OF USE AGREEMENT

This Agreement, in conjunction with our Company Privacy Policy (https://debarmedia.com/privacy-policy), constitutes a legally binding agreement between you, the user, and Debar Inc. and its affiliated companies, Websites, applications, and tools (collectively referred to as "Company" or "we" or "us" or "our"). The Agreement governs your access to and use of the https://debarmedia.com Website(s), as well as any other media form, media channel, mobile website, or mobile application related or connected to it (collectively referred to as the "Sites"). The Sites provide the Company Services, which are marketing growth agency website services that highlight services and collect leads from interested clients. Any additional terms and conditions or documents posted on the Sites from time to time are expressly incorporated into this Agreement by reference.

Please note that Company makes no representation that the Sites are appropriate or available in locations other than where it is operated by Company. The information provided on the Sites is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Company to any registration requirement within such jurisdiction or country. Therefore, those who choose to access the Sites from other locations do so at their own risk and are solely responsible for complying with local laws, if and to the extent local laws are applicable.

Furthermore, the Company Services are not intended for use by minors. If you are a minor in the jurisdiction in which you reside (generally under the age of 18), you are not permitted to register for the Sites or use the Company Services.

By acknowledging your acceptance during the registration process (if applicable) and continuing to use the Sites, you accept and agree to be bound by this Agreement. If you do not agree to abide by this Agreement or any modifications that Company may make to this Agreement in the future, do not use or access the Company Services or the Sites.

USER REPRESENTATIONS

When registering for the Debar Inc. Services, you affirm that:

A. All information provided during registration is truthful and accurate;

B. You will maintain the accuracy of this information;

C. You will keep your password confidential and are responsible for all use of your password and account;

D. You are of legal age in your jurisdiction, or have received parental permission to use our Sites if you are a minor;

E. Your use of the Company Services complies with all applicable laws and regulations.

You also agree to:

A. Provide truthful, accurate, current, and complete information about yourself when prompted by the Sites' registration form;

B. Keep your registration data up-to-date;

If you provide false, inaccurate, incomplete, or outdated information, or if Company has reason to believe that such information is false, inaccurate, incomplete, or outdated, Company has the right to suspend or terminate your account and deny any current or future use of the Sites (or any portion thereof).

Additionally, we reserve the right to remove, reclaim, or modify a username you select at our discretion, such as when the username is obscene or otherwise objectionable or when a trademark owner complains about a username that does not closely relate to a user's actual name.

Regarding Content You Provide

We may offer you the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials through our Sites, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, personally identifiable information, or other materials (collectively referred to as "Contributions"). Contributions may be made through various features such as blogs, message boards, online forums, and other functionalities, as well as through the Sites' forms, emails, chat agents, popups, or other means.

Please note that any Contributions you transmit to Debar Inc. will be considered non-confidential and non-proprietary. By creating or making available a Contribution, you represent and warrant that:

A. The creation, distribution, transmission, public display and performance, accessing, downloading, and copying of your Contribution does not and will not infringe upon the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party;

B. You are the creator and owner of your Contributions, or you have the necessary licenses, rights, consents, releases, and permissions to use and to authorize Debar Inc. and the Sites' users to use your Contributions as necessary to exercise the licenses granted by you under this Agreement;

C. You have obtained the written consent, release, and/or permission of each identifiable individual person in the Contribution to use their name or likeness to enable inclusion and use of the Contribution in the manner contemplated by our Sites;

D. Your Contribution is not obscene, lewd, lascivious, filthy, violent, harassing, or otherwise objectionable (as determined by Debar Inc.), libelous or slanderous, does not ridicule, mock, disparage, intimidate, or abuse anyone, does not advocate the violent overthrow of any government, does not incite, encourage, or threaten physical harm against another, does not violate any applicable law, regulation, or rule, and does not violate the privacy or publicity rights of any third party;

E. Your Contribution does not contain material that solicits personal information from anyone under 18 or exploit people under the age of 18 in a sexual or violent manner, and does not violate any federal or state law concerning child pornography or otherwise intended to protect the health or well-being of minors;

F. Your Contribution does not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap;

G. Your Contribution does not otherwise violate, or link to material that violates, any provision of this Agreement or any applicable law or regulation.

CONTRIBUTION LICENSE

When you post Contributions to any part of the Sites or link your account to your social network accounts, you automatically grant Debar Inc. an unrestricted, unconditional, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including your image and voice) for any purpose, including commercial or advertising purposes. This license allows us to prepare derivative works of, or incorporate into other works, such Contributions, and to grant and authorize sublicenses of the foregoing. This license applies to any form, media, or technology now known or hereafter developed and includes the use of your name, company name, franchise name, trademarks, service marks, trade names, logos, personal and commercial images, and any intellectual property rights or other proprietary rights associated with your Contributions.

Please note that we do not assert any ownership over your Contributions. You retain full ownership of all your Contributions and any intellectual property rights or other proprietary rights associated with them, subject to the rights granted to us in this Agreement. We will not use your Contributions in a way that infringes on your rights and will always process your personal information lawfully and with your consent.

We reserve the right, in our sole and absolute discretion, to edit, redact, or otherwise change any Contributions, re-categorize any Contributions to place them in more appropriate locations, or pre-screen or delete any Contributions that we determine to be inappropriate or in violation of this Agreement.

By uploading your Contributions to the Sites, you authorize us to grant each end user a personal, limited, non-transferable, perpetual, non-exclusive, royalty-free, fully-paid license to access, download, print, and otherwise use your Contributions for their internal purposes and not for distribution, transfer, sale, or commercial exploitation of any kind.

SUBMISSIONS

By submitting any questions, comments, suggestions, ideas, feedback, or other information about the Sites or the Debar Inc. Services ("Submissions"), you acknowledge and agree that they are non-confidential. Debar Inc. and any of its designees are entitled to use and share these Submissions without any restrictions for any purpose, including commercial use, without acknowledging or compensating you.

PROHIBITED ACTIVITIES

The Sites are solely intended for the purpose for which Debar Inc. has made them available. Any commercial use of the Sites must be specifically endorsed or approved by Debar Inc. Prohibited activities include, but are not limited to:

A. Impersonating another user or person, or using another user's username.

B. Engaging in criminal or tortious activity.

C. Removing the copyright or other proprietary rights notice from any content on the Sites.

D. Harassing, annoying, intimidating, or threatening any Company employees or agents providing Company Services to you.

E. Using or launching any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Sites, or using or launching any unauthorized script or other software, except as may be the result of standard search engine or Internet browser usage.

F. Making any unauthorized use of the Company Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.

INTELLECTUAL PROPERTY RIGHTS

The Marks and Debar Inc. Content on the Sites are either owned by or licensed to Debar Inc. and are protected by copyright and other intellectual property laws. This includes all source code, databases, functionality, software, designs, audio, video, text, photographs, and graphics. The graphics, logos, designs, page headers, button icons, scripts, and service names of Debar Inc. are registered trademarks, common law trademarks, or trade dress in Venezuela and other countries. These trademarks and trade dress may not be used as part of trademarks or domain names in connection with any product or service that may cause confusion and may not be copied, imitated, or used without prior written permission from Debar Inc.

The Debar Inc. Content on the Sites is provided to you "AS IS" for your personal use and information only. You may not use, copy, reproduce, aggregate, distribute, transmit, broadcast, display, sell, license, or exploit the Debar Inc. Content for any other purposes without the prior written consent of the respective owners. If you are eligible to use the Sites, you are granted a limited license to access and use the Sites and Debar Inc. Content and to download or print a copy of any portion of the Debar Inc. Content for your personal, non-commercial use. Debar Inc. reserves all rights not expressly granted to you in and to the Sites, Debar Inc. Content, and Marks.

THIRD PARTY WEBSITES AND CONTENT

The Sites may contain links to Third Party Websites and Third Party Content, which include articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items originating from third parties. We do not investigate, monitor, or check for accuracy, appropriateness, or completeness of the Third Party Websites or Third Party Content. We are not responsible for any Third Party accessed through the Sites or any Third Party Content posted on, available through, or installed from the Sites, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third Party Websites or the Third Party Content.

Inclusion of, linking to, or permitting the use or installation of any Third Party Websites or any Third Party Content does not imply approval or endorsement by us. If you choose to leave the Sites and access the Third Party Websites or use or install any Third Party Content, you do so at your own risk. You should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any websites to which you navigate from the Sites or relating to any applications you use or install from the Sites.

Any purchases you make through Third Party Websites will be through other websites and from other companies. Debar Inc. takes no responsibility whatsoever in relation to such purchases, which are exclusively between you and the applicable third party.

SITE MANAGEMENT

Debar Inc. has the right, but not the obligation, to:

A. Monitor the Sites for violations of this Agreement;

B. Take appropriate legal action against anyone who violates this Agreement, including reporting such user to law enforcement authorities, at Debar Inc.'s sole discretion;

C. Refuse, restrict access to or availability of, or disable (to the extent technologically feasible) any user's contribution or any portion thereof that may violate this Agreement or any Debar Inc. policy, at Debar Inc.'s sole discretion and without limitation;

D. Remove from the Sites or otherwise disable all files and content that are excessive in size or are in any way burdensome to Debar Inc.'s systems, at Debar Inc.'s sole discretion and without notice or liability;

E. Manage the Sites in a manner designed to protect the rights and property of Debar Inc. and others and to facilitate the proper functioning of the Sites.

TERM AND TERMINATION

This Agreement will remain valid for as long as you use the Sites or are a user or member of the Sites, as applicable. You may terminate your use or participation at any time, for any reason, by following the instructions for terminating user accounts in your account settings, if available, or by contacting us using the contact information provided below.

In addition to the above, Company reserves the right to deny access to and use of the Sites and Company Services to any person for any reason or for no reason at all, without notice or liability. This includes, but is not limited to, denying access for breach of any representation, warranty, or covenant contained in this Agreement, or of any applicable law or regulation. Company may also terminate your use or participation in the Sites and the Company Services, delete your profile and any content or information that you have posted, at any time and without warning, at Company's sole discretion.

To maintain the integrity of the Sites and Company Services, Company may block certain IP addresses from accessing the Sites and Company Services, at any time and at its sole discretion.

Any provisions of this Agreement that need to remain valid after termination or expiration of this Agreement for the fulfillment of their purposes will continue to be valid for as long as necessary.

If you reside in certain states, you may cancel this Agreement without penalty or obligation within three business days of the date of this Agreement, excluding Sundays and holidays. To cancel, call a Company customer care representative or access your account settings during normal business hours using the contact information provided in this Agreement. This section applies only to individuals residing in states with such laws.

If Company terminates or suspends your account for any reason, you are prohibited from creating a new account under your name, a fake or borrowed name, or the name of any third party. Company reserves the right to take appropriate legal action, including pursuing civil, criminal, and injunctive redress, in addition to terminating or suspending your account.

TERM AND TERMINATION

To maintain the integrity of the Sites and Company Services, Company may block certain IP addresses from accessing the Sites and Company Services, at any time and at its sole discretion.

Any provisions of this Agreement that need to remain valid after termination or expiration of this Agreement for the fulfillment of their purposes will continue to be valid for as long as necessary.

DISPUTES

If there is a dispute between users of the Sites or between users and any third party, Company is not obligated to become involved. You agree that if you have a dispute with one or more other users, you release Company, its officers, employees, agents, and successors from any claims, demands, and damages of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or the Company Services.

A. This Agreement and all aspects of the Sites and Company Services shall be governed by and construed in accordance with the internal laws of the State of Georgia, without regard to conflict of law provisions. For any disputes or claims not subject to informal dispute resolution or arbitration (as set forth below), you agree not to commence or prosecute any action in connection therewith other than in the state and federal courts located in Fulton County County, State of Georgia. You consent to venue and jurisdiction in such state and federal courts and waive all defenses of lack of personal jurisdiction and forum non conveniens. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) do not apply to this Agreement. Any claim, action, or proceeding related to the Sites or Company Services must be instituted within two (2) years after the cause of action arose.

B. To expedite resolution and control the cost of any dispute, controversy, or claim related to this Agreement ("Dispute"), you and Company agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating any arbitration or court proceeding. Such informal negotiations commence upon written notice from one person to the other.

C. If informal negotiations fail to resolve a Dispute between you and Company, either party may choose to have the Dispute (excluding those expressly excluded below) finally and exclusively resolved through binding arbitration. It is important to note that by agreeing to this provision, you are waiving your right to a trial by jury and the ability to sue in court. The arbitration will be conducted in accordance with the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, if applicable, the AAA’s Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), which can be found on the AAA website at www.adr.org. The Federal Arbitration Act will govern whether a Dispute is subject to arbitration, and the arbitrator will make any such determination. The arbitration fees and your share of arbitrator compensation will be governed by the AAA Consumer Rules and may be limited by those rules. If the arbitrator determines that these costs are excessive, Company will pay all arbitration fees and expenses. The arbitration may be conducted in person, by phone, online, or through the submission of documents. The arbitrator will provide a written decision and may only be challenged if they fail to follow applicable law. Unless otherwise required by AAA rules or applicable law, the arbitration will take place in Fulton County, State of Georgia. You and Company may go to court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the arbitration award.

D. Any arbitration will be limited to disputes between you and Company on an individual basis only. To the fullest extent permitted by law, (1) no arbitration will be joined with any other arbitration; (2) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to use class-action procedures; and (3) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

E. The following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (1) any Disputes seeking to enforce or protect, or concerning the validity of any of your or Company’s intellectual property rights; (2) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (3) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, neither party will elect to arbitrate any Dispute falling within that portion of this provision and such Dispute will be decided by a court of competent jurisdiction within the courts listed for jurisdiction above. You and Company agree to submit to the personal jurisdiction of that court.

CORRECTIONS

At times, the Sites may contain information that includes typographical errors, inaccuracies, or omissions related to service descriptions, pricing, availability, and other information. Company retains the right to rectify any errors, inaccuracies, or omissions and to modify or update the information without prior notice.

DISCLAIMERS

The nature of all content available on the Sites is beyond Company's control. Company does not imply or represent that it endorses any contributions, blogs, or other content available on or linked to by the Sites, including content hosted on third-party websites or provided by third-party applications, or that such content is accurate, useful, or non-harmful. We are not responsible for any unlawful or objectionable content you may come across on the Sites or in connection with any contributions. Company is not responsible for the conduct of any user of the Sites or Company Services, whether online or offline.

By using the Sites and Company Services, you agree to assume sole responsibility for any risks associated with your use. To the fullest extent permitted by law, Company, its officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the Sites and the Company Services and your use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

Company makes no warranties or representations regarding the accuracy or completeness of the Sites' content or the content of any websites linked to our Sites and assumes no liability or responsibility for any errors, mistakes, or inaccuracies of content and materials. We are not liable for any personal injury or property damage resulting from your access to and use of our Sites, any unauthorized access to or use of our secure servers and/or any and all personal or financial information stored therein, any interruption or cessation of transmission to or from the Sites or Company Services, any bugs, viruses, Trojan horses, or the like transmitted to or through our Sites by any third party, or any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the Sites.

Company does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Sites or any hyperlinked sites or featured in any banner or other advertising. We 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.

LIMITATIONS OF LIABILITY

Company, its directors, employees, or agents shall not be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the Sites or Company Services, even if Company has been advised of the possibility of such damages. However, Company's liability to you for any cause whatsoever, regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to Company for the Company Services during the period of three (3) months prior to any cause of action arising.

Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers or limitations may not apply to you, and you may have additional rights.

INDEMNITY

By using Company Services, you agree to protect, indemnify, and hold harmless Company, its subsidiaries, and affiliates, as well as their respective officers, agents, partners, and employees, from any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of your contributed content, use of the Company Services, and/or any breach of this Agreement and/or your representations and warranties set forth above. However, Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Company. You agree to cooperate, at your expense, with Company's defense of such claims. Company will make reasonable efforts to notify you of any claim, action, or proceeding subject to this indemnification upon becoming aware of it.

NOTICES

Unless otherwise stated, all notices to Company must be sent via email to the address listed in the contact information below. Notices to you will be sent to the email address you provided during the registration process, or any other address specified by each party. Notice will be considered given twenty-four (24) hours after the email is sent, unless the sending party is notified that the email address is invalid. We may also choose to send notices by regular mail.

USER DATA

When you use our Company Services, any data you transfer to our Sites will be kept for the purpose of providing the Services, along with data related to your use of them. Although we regularly back up data, it is your responsibility to manage all data you transfer or that pertains to any activity you undertake using the Services. By using our Services, you acknowledge and agree that Company will not be held responsible for any loss or corruption of your data, and you waive any right to take legal action against Company for such loss or corruption.

ELECTRONIC CONTRACTING

MISCELLANEOUS

This agreement represents the complete understanding between you and the Company regarding your use of the Company Services. The Company's failure to enforce any provision of this agreement does not waive that provision. The headings in this agreement are for convenience only and do not have any legal or contractual effect. This agreement is enforceable to the maximum extent permitted by law. You cannot assign this agreement or your account without our express written consent. The Company can assign its rights and obligations to others at any time. The Company is not responsible for any loss, damage, delay, or failure to act caused by events beyond its control. If any part of this agreement is deemed unlawful, void, or unenforceable, that part is considered separate from this agreement and does not affect the validity of the remaining provisions. This agreement does not create a joint venture, partnership, employment, or agency relationship between you and the Company. You agree to provide the Company with any documentation, substantiation, or releases necessary to verify your compliance with this agreement upon the Company's request. You waive any defenses based on the electronic form of this agreement and the lack of signing by the parties. You acknowledge that this agreement will not be construed against the Company merely because it drafted it.

CONTACT US

To address any complaints or obtain more information about using the Company Services, please contact the Company using the following information: