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Web Site Use Agreement
and Copyright Notice
This Internet Web Site Use
Agreement (the "Agreement") is between you and Valley Chapel
Community Church (the "Church") with offices at 6369 Dixie
Highway, Fairfield, Ohio, 45014. 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.
(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 COMPANY 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 COMPANY DISCLAIMS ANY EXPRESS OR IMPLIED
WARRANTIES, INCLUDING, WITHOUT LIMITATION, MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE COMPANY
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 COMPANY 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 COMPANY 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 current
expectations, estimates and/or projections about the Church's
activities. 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.
(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.
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