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Web Site License and Use Agreement
This Internet Web Site License and Use
Agreement (the "Agreement") is between you and The International Council of Ethnodoxologists,
an association for global Christian worship, (the "Organization" or "ICE") with offices
in Willows, CA, USA. Your use of the "ICE 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 "Organization"
will not publish, disseminate or make available any information submitted by you
or collected through your use of the Web Site without your express permission,
such as your name, physical address,
e-mail address, etcetera, or collected through your use of the Web Site.
(3) The "Organization" 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 "Organization". All rights to the "Organization's"
copyrighted materials not expressly granted herein are reserved by the
"Organization".
(5) The "Organization", 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.
"Organization" 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 "Organization", 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 "Organization". Links to and from the
Web Site to such third party sites do not imply or constitute an endorsement by
the "Organization" of any third party material or contents.
(9) The "Organization" 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 "Organization" reserves the right,
in its sole discretion, to correct any errors or omissions in any portion of the
Web Site.
(10) The "Organization" 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 "Organization's" sole
discretion are objectionable or in violation of this Agreement.
(11) THE "Organization" 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 "Organization's" current expectations, estimates
and/or projections about the "Organization's" activities. These statements about
the "Organization" 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 "Organization" permission to use such information on the
"Organization" web site.
(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 "Organization", no confidential, fiduciary, contractually implied or other
relationship is created between you and the "Organization" other than pursuant
to this Agreement.
(15) THIS AGREEMENT SHALL BE GOVERNED BY AND
CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF CALIFORNIA, U.S.A.,
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 CALIFORNIA, U.S.A.
(16) The "Organization" has a 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 "Organization" 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 "Organization" in printed form, electronic
means or otherwise, the Information shall be deemed to be the property of the
"Organization" and shall not be subject to any obligations of confidence,
non-disclosure or non-usage. The "Organization" 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 "Organization" 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 "Organization" 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 "Organization". The failure of the "Organization" to
enforce any provision of this Agreement shall not be deemed a waiver of such
provision nor bar the "Organization's" right to enforce the provision.
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