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Internet Web Site Use Agreement This Internet Web Site Use Agreement
(the "Agreement") is between you and First Grace Brethren
Church (the "Church") with offices in Dayton, Ohio. Your
use of the "Church" Internet Web Site (the "Web Site") is
subject to the following terms and conditions of use:
(1) YOU AGREE TO READ THESE TERMS AND
CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEB SITE.
Use of the Web Site signifies your unconditional agreement
to the terms and conditions of this Agreement. If you do
not agree to these terms and conditions of use, do not
access or otherwise use this Web Site.
(2) The "Church" may gather, process and
use information and materials received from you (e.g.,
name, physical address, e-mail address) or collected
through your use of the Web Site for any lawful reason or
purpose.
(3) The "Church" reserves the right, at
its sole discretion, from time to time to change, modify,
add or remove any portion of this Agreement, in whole or
in part, at any time. Notification of changes in the
Agreement will be posted on the Web Site.
(4) The Web Site is protected by one or
more copyrights pursuant to U.S. copyright laws,
international conventions and other intellectual property
laws. You will abide by any and all copyright notices,
trademark notices, ownership information or restrictions
contained in any Content on the Web Site. You may download
and make copies of the Content and other downloadable
items displayed on this Web Site, provided that you
maintain all copyright and other notices contained in such
Content. Copying or storing of any Content on the Web Site
for reproduction, redistribution or publication to third
parties for commercial purposes is expressly prohibited
without prior written permission from the "Church". All
rights to the "Church's" copyrighted materials not
expressly granted herein are reserved by the "Church".
(5) The "Church", at its sole
discretion, may change, suspend or discontinue any aspect
of the Web Site at any time, including the availability of
any Web Site feature, database or Content. "Church" may
also impose limits on certain features and services or
restrict your access to parts or all of the Web Site
without notice or liability.
(6) You represent, warrant and covenant
that you shall not upload, post or transmit to or
distribute or otherwise publish through the Web Site any
materials which: (i) restrict or inhibit any other user
from using and enjoying the Web Site; (ii) are unlawful,
threatening, abusive, libelous, defamatory, obscene,
vulgar, offensive, pornographic, profane, sexually
explicit or indecent; (iii) constitute or encourage
conduct that would constitute a criminal offense, give
rise to civil liability or otherwise violate any law or
governmental regulation; (iv) violate, plagiarize or
infringe the rights of third parties including, without
limitation, copyright, trademark, patent, rights of
privacy or publicity or any other proprietary right; (v)
contain a virus or other harmful or destructive elements;
(vi) contain any information, software or other material
of a commercial nature; (vii) contain advertising of any
kind; or (viii) constitute or contain false or misleading
indications of origin or statements of fact.
(7) You hereby agree to defend,
indemnify and hold harmless the "Church", and all its
officers, directors, agents, employees, information
providers, affiliates, licensors and licensees from and
against any and all liabilities, claims, penalties,
losses, damages, cost and expense (including court costs
and reasonable attorney's fees, interest expense and
amounts paid in compromise or settlement), suits or
actions arising out of or resulting from any breach by you
of this Agreement, including the foregoing
representations, warranties and covenants. You shall
cooperate as fully as reasonably required in the defense
of any claim.
(8) The Web Site may contain hypertext
links and pointers to the other World Wide Web Internet
sites and resources operated and controlled by parties
other than the "Church". Links to and from the Web Site to
such third party sites do not imply or constitute an
endorsement by the "Church" of any third party material or
contents.
(9) The "Church" does not represent or
endorse the accuracy or reliability of any advice,
opinion, statement or other information displayed or
distributed through the Web Site. You acknowledge that any
reliance upon any such opinion, advice, statement,
memorandum, or information shall be at your sole risk. The
"Church" reserves the right, in its sole discretion, to
correct any errors or omissions in any portion of the Web
Site.
(10) The "Church" reserves the right at
all times to disclose any information as necessary to
satisfy any law, regulation or government request, or to
edit, refuse to post or to remove any information or
materials, in whole or in part, that in the "Church's"
sole discretion are objectionable or in violation of this
Agreement.
(11) THE "CHURCH" WEB SITE, INCLUDING
ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND
INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE WEB
SITE, IS PROVIDED ON AN "AS IS" BASIS. TO THE FULLEST
EXTENT PERMISSIBLE BY LAW, THE "CHURCH" MAKES NO
REPRESENTATION OR WARRANTIES OF ANY KIND WHATSOEVER FOR
THE CONTENT ON THE WEB SITE OR THE MATERIALS, INFORMATION
AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR
ACCESSED THROUGH THE WEB SITE, FOR ANY HYPERTEXT LINKS TO
THIRD PARTY WEB SITES OR FOR ANY BREACH OF SECURITY
ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION
THROUGH THE WEB SITE OR ANY LINKED SITE. FURTHER, THE
"CHURCH" DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES,
INCLUDING, WITHOUT LIMITATION, MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE
"CHURCH" DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN
THE WEB SITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN
WILL BE UNINTERRUPTED, ERROR FREE OR THAT DEFECTS WILL BE
CORRECTED. THE "CHURCH" SHALL NOT BE LIABLE FOR THE USE OF
THE WEB SITE, INCLUDING, WITHOUT LIMITATION, THE CONTENT
AND ANY ERRORS CONTAINED THEREIN. TO THE FULLEST EXTENT
PERMISSIBLE BY LAW, THE "CHURCH" SHALL NOT BE LIABLE TO
YOU FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL,
SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY
WAY CONNECTED WITH THE USE OF OR ACCESS TO THE WEB SITE OR
FOR ANY INFORMATION OBTAINED THROUGH THE WEB SITE, WHETHER
BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE,
EVEN IF THE COMPANY OR ANY OF ITS AGENTS HAS BEEN ADVISED
OF THE POSSIBILITY OF DAMAGES. SOME STATES/JURISDICTIONS
DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES, AND THEREFORE THE
PRECEDING LIMITATION MAY NOT APPLY TO YOU.
(12) Some comments and information on
the WEB Site may be based upon the "Church's" management's
current expectations, estimates and/or projections about
the "Church's" markets and industries. These statements
about the "Church" are forward-looking statements which
are not guarantees of future performance and involve
certain risks, uncertainties and assumptions that are
difficult to predict. Therefore, actual outcomes and
results may differ from what is expressed or forecasted.
Among the factors that could cause actual results to
differ are uncertainties in competitive pricing pressures,
general domestic and international economic conditions and
market demand.
(13) By posting messages, uploading
files, inputting data or engaging in any other form of
communication (individually or collectively
"Communications") to the Web Site, you hereby grant to the
"Church" 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 fully exploit such Communications, in all media
now known or hereafter developed. You hereby waive all
rights to any claim against the "Church" 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.
(14) You acknowledge that Communications
involving the Web Site are not confidential and that
Communications may be read or intercepted by others. You
acknowledge that by submitting Communications to the
"Church", no confidential, fiduciary, contractually
implied or other relationship is created between you and
the "Church" other than pursuant to this Agreement.
(15) THIS AGREEMENT SHALL BE GOVERNED BY
AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF
OHIO, WITHOUT REGARD TO CONFLICTS OF LAWS PROVISIONS. YOU
HEREBY AGREE AND CONSENT THAT THE SOLE AND EXCLUSIVE
JURISDICTION FOR ANY ACTION OR PROCEEDING ARISING OUT OF
OR RELATING TO THIS AGREEMENT SHALL BE AN APPROPRIATE
STATE OR FEDERAL COURT LOCATED IN THE STATE OF OHIO.
(16) The "Church" has a long standing
policy that does not allow it to accept or consider
creative ideas, suggestions or materials other than those
which have been specifically requested or otherwise
affirmatively solicited by the "Church" in writing. It is
the intent of this policy to avoid possible
misunderstandings as to the ownership of creative ideas,
concepts, suggestions or materials. If you send any
creative materials, suggestions, ideas, notes, drawings,
concepts or other information (collectively known as the
"Information") to the "Church" in printed form, electronic
means or otherwise, the Information shall be deemed to be
the property of the "Church" and shall not be subject to
any obligations of confidence, non-disclosure or
non-usage. The "Church" is hereby entitled to unrestricted
usage of the Information on a worldwide basis without
compensation to the provider of the Information.
(17) This Agreement constitutes the
entire agreement between the "Church" and you with respect
to your use of and access to the Web Site. This Agreement
supersedes all prior or contemporaneous communications and
proposals, whether electronic, oral or written, between
you and the "Church" with respect to the Web Site. Use of
the Web Site is unauthorized in any jurisdiction that does
not give effect to all of the terms and conditions of this
Agreement. Any cause of action you may have with respect
to your use of and access to the Web Site must be
commenced within one (1) 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
give legal effect to the intent of the Agreement, and the
remainder of this Agreement shall continue in full force
and effect. A printed version of this Agreement and of any
notice given in electronic form shall be admissible in
judicial or administrative proceedings based upon or
relating to this Agreement or the Web Site to the same
extent and subject to the same conditions as other
business documents and records generated and maintained in
printed form by the "Church". The failure of the "Church"
to enforce any provision of this Agreement shall not be
deemed a waiver of such provision nor bar the "Church's"
right to enforce the provision. |