Privacy and Usage Policies

Welcome to the BorderWallWars.com, HelpBuildThatWall.com, and Stopbuildingthatwall.com website(s) (hereinafter referred to as the “Website”), an online information and communications service provided by the BorderWallWars LLC., (hereinafter referred to as “BorderWallWars”). This policy is intended to cover all uses for the Website, although additional conditions, restrictions and privacy policies may apply. This User Agreement (“Agreement”) is between you and website’s, with a principal place of business. Your use and access of the Website constitutes your acceptance, without modification, of the terms, conditions and notices contained herein. In addition, when using particular Website services, you shall be subject to any posted guidelines, rules, and policies applicable to such services that may be posted from time to time. All such guidelines, rules, and policies are hereby incorporated by reference into this Agreement. Your rights and obligations under this Agreement are not assignable. By using this Website you acknowledge that you have carefully and completely read this Agreement and that you accept the all of the terms and conditions stated herein. If you do not agree to the terms and conditions of this Agreement, you may not access, view, obtain goods or services from, or otherwise use this Website.

You acknowledge that you are 13 years of age or older, or, if under the age of 18, are using this Website under the supervision of a parent, legal guardian, or other responsible adult. Children under the age of 13 are not allowed to visit or otherwise use this Website. You agree to the terms and conditions of the Privacy Policy, hereby incorporated by reference, which details the ways in which BorderWallWars and other parties might use personal information that belongs to you. In accordance with this Privacy Policy, BorderWallWars may use information and materials received from you or collected through your use of this Website, and may disclose such information to third parties.

You are responsible for regularly reviewing this Agreement. BorderWallWars reserves the right, in its sole discretion, to change, modify, add, remove or terminate any portion of this Agreement, in whole or in part, at any time, without prior notice. You acknowledge that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this Agreement and will not cause injury to any person or entity; and that you will indemnify BorderWallWars or its affiliates for all claims resulting from content you supply.

You shall not upload, email, post or transmit to, or distribute or otherwise publish through the Website any material which:

  • disrupts the normal flow of dialogue and/or exchange on the Website, including posting or otherwise transmitting material that is not related to the subject at issue or otherwise restricts or inhibits any
  • other user from using and enjoying the Website;
  • is or may be unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, offensive harassing, hateful, embarrassing, pornographic, profane, sexually explicit, or indecent;
  • violates the rights of any third party (including privacy);
  • constitutes or encourages conduct that would constitute a criminal offense, potentially give rise to civil liability (including claims of defamation and/or libel), or otherwise violate the local, state, or national laws of any country;
  • violates, plagiarizes, or infringes the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity, trade secrets, or any other proprietary right;
  • impersonates another person including but not limited to a spouse, child or sibling;
  • contains a virus, worm, Trojan horse, or other harmful component;
  • contains any information, software, or other material of a commercial nature;
  • contains solicitations or advertisements of any kind;
  • constitutes or contains false or misleading indication of origin or statement of fact; and/or
  • contains chain letters or pyramid schemes.

BorderWallWars reserves the right (but is not obligated) to do any or all of the following:

  • Remove communications that fail to conform with these terms of use;
  • Terminate a user’s access to the entire Website or specific features
  • Edit or delete any communications posted on the blog features, regardless of whether such communications violate these standards.

You will not create or participate in any activity determined by BorderWallWars to have been created for the purpose of exchanging or swapping images, music, or other protected intellectual property.

We reserve the right to release information to the proper authorities if the information is subpoenaed and/or if BorderWallWars deems it necessary and/or appropriate. BorderWallWars has the right, but not the obligation, to refuse service, terminate accounts, or remove or edit content, in its sole discretion.

By posting messages, stories, images, creating or modifying a home page, chatting, uploading files, inputting data, transmitting e-mail, or engaging in any other form of communication (individually or collectively “Communications”) to or through the Website, you hereby grant to BorderWallWars a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free license to use, copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit and otherwise exploit such Communications throughout the world, in all media now known or hereafter developed. You hereby waive all rights to any claim against BorderWallWars for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with such Communications.

You will be responsible for your own Communications and the consequences of posting or otherwise transmitting those Communications. BorderWallWars does not represent or guarantee the truthfulness, accuracy, or reliability of any material posted or otherwise transmitted by Website users or endorse any opinions expressed by such users. BorderWallWars does moderate all user generated content entered into the site and must approve Communications from Website users in advance. If BorderWallWars does identify Communications which violate this agreement, or if BorderWallWars receives notification about a user regarding Communications which allegedly do not conform to this Agreement, BorderWallWars has the right, but not the obligation, to investigate the allegations and determine in good faith and at its sole discretion whether to remove or request the removal of the Communication. BorderWallWars has no liability or responsibility to users for performance or nonperformance of such activities. BorderWallWars reserves the right to expel users and prevent their further access to the Website for violating this Agreement or violating the law. BorderWallWars has the right, but not the obligation, to remove Communications that are abusive, illegal, disrespectful, disruptive, or otherwise problematic.

BorderWallWars may immediately, without prior notice, issue a warning, temporarily suspend, indefinitely suspend, or terminate your use of and access to the Website, at our sole discretion, for any reason, whether with or without cause or warning, and without liability. Your sole remedy against BorderWallWars in the event of a dispute arising out of this Agreement, the Website or your use thereof, is to terminate this Agreement by ceasing your use of the Website. In the event of termination of this Agreement, BorderWallWars may delete and/or store, in its discretion, data associated with your use of the Website. BorderWallWars may also change, suspend, or discontinue any aspect of the Website at any time, including the availability of any feature, database, or content.

Gathering email addresses from this Website through harvesting or automated means is prohibited. Posting or transmitting unauthorized or unsolicited advertising, promotional materials, or any other forms of solicitation to other users is prohibited. Inquiries regarding a commercial relationship with BorderWallWars should be made by emailing win@BorderWallWars.com.

Disclaimers

Release

You agree that your use of the website is at your own risk. The website, including all content, software, functions, services, materials, and/or information made available or discussed on or accessed through the website, is provided “as is,” without warranty of any kind. In no event shall BorderWallWars be liable for any direct, indirect, incidental, special or consequential damages arising out of or in any way connected with the use of the website or with the delay or inability to use same, or with hypertext or graphic links to third parties, or for any breach of security associated with the transmission of sensitive information through the website or any linked website, or for any information, products, and services obtained through the website, or otherwise arising out of the use of same, whether based on contract, tort, strict liability or otherwise, even if BorderWallWars has been advised of the possibility of damages and even if such damages result from BorderWallWars’s negligence or gross negligence. Further, BorderWallWars disclaims any express or implied warranties, including, without limitation, non-infringement, merchantability, and/or fitness for a particular purpose. BorderWallWars dos not warrant that the functions contained in the website or any materials or content contained or available therein will be uninterrupted or error free, that defects will be corrected, or that the website or the server that makes it available is free of viruses or other harmful components. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. In such states, BorderWallWars’s liability shall be limited to the fullest extent permitted by law. Additional disclaimers appear within the body of this website and are incorporated herein by reference. To the extent any such disclaimers place greater restrictions on your use of this website or the material contained therein, such greater restrictions shall apply.

The links found on the website will let you leave this website and go to websites operated by parties other than BorderWallWars. The linked websites are often not under the control of BorderWallWars and BorderWallWars is not responsible for the contents of any linked websites or any link contained in a linked websites that are not owned and operated by BorderWallWars, or any changes or updates to such websites. Such links by the websites to websites maintained by third parties do not constitute an endorsement, guaranty, or warranty by BorderWallWars, or any of its affiliates, of any third party or their content, nor the existence of a partnership, joint venture, agency, or other relationship between BorderWallWars, or any of its affiliates, and any linked third party or their content. BorderWallWars does not assume any responsibility or liability for the actions, product, content and/or information of these and other third parties and/or their websites. You should carefully review their privacy statements and other conditions of use.

By offering a number of third party products and services, including advertisements, on this website, BorderWallWars makes no warranties or representations of any kind as to the content or suitability of the subject matter of any website, product or service from any such third party business or individual. BorderWallWars expressly disclaims liability for direct, consequential, or incidental damages arising from the products, services, advertisements, actions, or website content of these and any other third parties, and you waive any claims against BorderWallWars for damages arising from such transactions or your reliance upon statements contained therein. You will not consider BorderWallWars nor will BorderWallWars be construed as, a party to such transactions, whether or not BorderWallWars may have received some form of revenue or other remuneration in connection with the transaction. Merchants are responsible for all aspects of order processing, fulfillment, billing, and customer service. You agree that use of such merchants is at your sole risk and is without warranties of any kind by us, expressed, implied, or otherwise including warranties of title, fitness for purpose, merchantability, and/or non-infringement. Under no circumstances is BorderWallWars liable for any damages arising from the transactions between you and merchants found on the website or for any information appearing on merchant websites or any other website linked from or to our website.

Indemnification

Any cause of action you may have with respect to your use of the Website must be commenced within one year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of this Agreement, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of the Agreement, and the remainder of this Agreement shall continue in full force and effect.

You shall defend or settle at your sole expense any claim or suit, including without limitation any proceeding, investigation or claim by a self-regulatory organization, state or federal securities agency or commission, (collectively, an “Action”) against BorderWallWars and/or each of its affiliates, directors, officers, agents, employees or sublicensees, (collectively, the “Indemnitee”) to the fullest extent permitted by law arising out of or in connection with (1) an assertion that the information, content or other materials or services provided or made available by you or the use thereof may infringe any copyright or trademark rights of any individual or entity, or are a misappropriation of any individual or entity’s trade secret, or contain any libelous, defamatory, disparaging, pornographic, or obscene materials; (2) any breach by you of your obligations under this Agreement; and (3) any content provided by you in the format of a story, message, letter, image or video (created or used by you) on the Website, or content made/posted by you on the Website. You shall indemnify and hold harmless the Indemnitee from and against any and all damages, costs, liabilities and attorneys’ fees incurred in defending and/or resolving such Action.

Intellectual property

The mark “BorderWallWars” and its logo are trademarks and/or service marks of BorderWallWars. The content and design of this Website is protected by U.S. and international copyright laws. You may not copy, reproduce, republish, upload, post, display, transmit or frame any of these materials without prior written consent from the copyright owners, except that you may view, download, display and print a single copy of these materials on a single computer for personal, noncommercial use only, so long as: you do not alter or modify the materials in any way; you include all applicable notices and disclaimers (including copyright notices); and you do not use the materials in a way that suggests an association with BorderWallWars or an affiliated BorderWallWars entity. You understand and agree that title to these materials shall not pass to you or any other user.

Copyright - The content, organization, graphics, design, compilation, magnetic translation, digital conversion, and other matters related to the Website are protected under applicable copyrights, trademarks, and other proprietary (including but not limited to intellectual property) rights as a collective work and/or compilation, pursuant to international conventions and U.S. and other copyright laws. Other product and company names mentioned herein may be the trademarks of their respective owners. The contents, and every part thereof, of the Website are only for your personal, non-commercial use. You do not acquire ownership rights to any content, document, or other materials viewed through our Website. The posting of information or materials on the Website does not constitute a waiver of any right in such information and materials. You will abide by any and all additional copyright notices, information, or restrictions contained in any content on our Website. Unless otherwise prohibited from doing so, you may download and make one (1) copy of the content and other downloadable items displayed on the Website for your personal, noncommercial use only, provided that you maintain all copyright and other notices contained in such content. Any copying, republication, or redistribution of Website content, including by caching, framing, or similar means, is expressly prohibited without the prior written consent of BorderWallWars and/or the respective intellectual property rights holder identified in the subject content.

BorderWallWars respects the intellectual property rights of others and expects our users to do the same. The policy of BorderWallWars is to terminate the accounts of repeat copyright offenders and other users who infringe upon the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide BorderWallWars (address provided in “Miscellaneous” section below) with the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. § 512: (1) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online Website are covered by a single notification, a representative list of such works at that Website; (3) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit BorderWallWars to locate the material; (4) information reasonably sufficient to permit BorderWallWars to contact the complaining party; (5)a statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and, (6) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Privacy Policy

We do not share personal information with third-parties.

We are not responsible for the republishing of the content found on this website on other websites or media without our permission. This privacy policy is subject to change without notice.

Miscellaneous-Notices under this Agreement shall be sufficient only if in writing and transmitted via personal delivery or mailed, postage or charges prepaid, by certified or registered mail, return receipt requested, to BorderWallWars, Attn: Business Owner to PO BOX 341858, Tampa, FL 33694.

This Agreement and our Privacy Policy contain the entire agreement between you and BorderWallWars with respect to this Website. It supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and BorderWallWars with respect to this Website. Any rights not expressly granted herein are reserved. This Agreement shall be governed and constructed in accordance with the laws of the State of Florida without regard to conflicts of law provisions. Sole and exclusive jurisdiction for any action or proceeding arising out of or related to this Agreement shall be an appropriate state or federal court in Florida. If you have any questions about the Website or this Agreement, please contact BorderWallWars at win@BorderWallWars.com.

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