TERMS OF USE
1. INTRODUCTION.
Welcome to the Internet Sites
of Faculty Commons. Use of the terms “we” “us”
or “our” refers to Faculty Commons and all the ministries
and divisions of Faculty Commons. The term “you”
(in its various grammatical forms) means any individual who accesses
or uses any of our Internet Sites, or any part of the Service (defined
below). Each Internet web site operated by us is referred to as
“Our Site” or “Our Sites” herein.
PLEASE CAREFULLY REVIEW THE TERMS OF
USE OF OUR SITES AND THE TERMS OF OUR PRIVACY STATEMENT
BEFORE USING ANY OF OUR SITES, OR ANY PART OF THE SERVICE.
By using Our Sites, including
downloading or accessing Our Materials, ordering products or otherwise
using the Service, you agree to be bound by, and acknowledge your acceptance
of, all of the provisions of these Terms of Use (these “Terms of Use”).
DO NOT USE ANY OF OUR SITES, OR ANY PART OF THE SERVICE, IF YOU DO NOT
AGREE TO BE BOUND BY ALL OF THESE TERMS OF USE. From time to time,
we may update this notice. We will notify you about material changes
to this policy by placing a notice on our site. We encourage you to
periodically review this policy so that you always will know of any
material changes. You agree to be bound by all of the provisions
of these Terms of Use that are displayed on Our Sites on the date you
use any of Our Sites and/or any part of the Service, even if such provisions
have been modified, altered, or deleted since you last used any of Our
Sites or any part of the Service. Your use of any of Our Sites,
and/or any part of the Service, indicates your acceptance of all of
the provisions of these Terms of Use that are displayed on Our Sites
on the date of such use.
2. DESCRIPTION OF OUR SITES.
We provide, through Our Sites,
services that include without limitation: (a) the provision of Our Site
and other online services and Internet sites made available by us; (b)
the display, provision, and use of information such as educational,
promotional, product, pricing, marketing or other valuable information
(“Information”); (c) the display, performance, provision and use
of copyrighted works, photographs, text, music, video, sound, graphics,
messages, and other Materials, including Our Materials and Third Party
Materials (“Content”); (d) the use and display of our trademarks
and trademarks of others; and (e) the offering of products and services
for sale, license, distribution or use. The total offerings through
Our Sites are referred to herein as the “Service”.
You can contact us about Our Sites, the Service, Information, Content, and Materials at Christian Leadership Ministries, P.O. Box 129, Addison, TX 75001. (972) 713-7130. clm@clm.org.
You may also contact us about accessing and changing any personal information you provide at
3. OUR OWNERSHIP OF INTELLECTUAL
PROPERTY OF OUR SITES AND MATERIALS.
3.1. COPYRIGHT AND INTELLECTUAL PROPERTY OWNERSHIP.
The Information, Content,
Our Trademarks, other trademarks, and other information displayed and
posted on, contained in, and/or provided in connection with, Our Sites
and/or the Service are proprietary to us (collectively, “Our Materials)
or third parties that allow us to post or use such materials (“Third
Party Materials;” Our Materials and Third Party Materials are referred
to as the “Materials” in these Terms of Use). The Materials
that are displayed on, or contained in, Our Sites, and/or utilized in
conjunction with the Service, together with their design and layout,
contain elements that are protected by trade dress, trademark, copyright,
or other laws (“Intellectual Property Rights”). We exclusively
own, or have the right to license, all intellectual property and proprietary
information and know-how relating to, incorporated within, or associated
with Our Sites, including without limitation the copyright in Our Sites
and all of the Web pages thereof (which we maintain as a collective
work under the United Sates copyright laws). You acknowledge and
agree that you have no rights or interest in any Content, Information,
Materials, and any other intellectual property or proprietary information
and know-how displayed on, relating to, incorporated within, associated
with, or used in connection with, Our Sites and/or the Service, except
as expressly set forth in these Terms of Use, and that you will acquire
no rights in the foregoing by accessing or using any of Our Sites an/or
any part of the Service.
Our Materials contained on Our Sites are copyrighted materials of ours:
Copyright © 1993-2006 Campus Crusade
for Christ, Inc.
All rights reserved. International copyright secured
Third Party Materials are owned,
or licensed by the owner thereof, and, where necessary, we use such
Third Party Materials with the permission of the owner. Except
as expressly set forth in these Terms of Use, you have no rights or
interest in any Third Party Materials, and all rights relating thereto
are reserved to the owner thereof.
All rights not expressly granted
to you by us in these Terms of Use are reserved to us, and we fully
use and exploit them in our sole discretion.
The term “Our Trademarks”
means all names, marks, brands, design marks, slogans, logos, designs,
trade dress and trade names that a Ministry and Our Organization use
as trademarks, trade names or service marks, as displayed on Our Sites
and/or used in connection with the Service. All other trademarks,
brand and product names displayed on Our Sites, and/or used in connection
with the Service, are trademarks, trade names or service marks of their
respective owners. You agree not to display, use (including
co-branding your owns goods or services with Our Trademarks), remove,
or alter Our Trademarks without our prior written consent, which we
may withhold or condition in our sole discretion. You further
agree that any use by you, or on your behalf, of Our Trademarks, and
the goodwill associated therewith, shall inure to the benefit of Our
Organization and the Ministry.
You do not have, and you
shall not acquire by virtue of your access or use of any of Our Sites
and/or any part of the Service, any rights or interest in any product,
process, software or technology used in connection with the operation,
display, and/or provision of Our Sites or the Service (collectively,
the “Software”). All Intellectual Property Rights and proprietary
rights associated with the Software are exclusively reserved to us or
the owner thereof, and no part of the Software is licensed to you.
4.1 RESTRICTIONS ON USE.
Your use of Our Site is strictly and exclusively limited to personal, non-commercial use, and is subject to the Intellectual Property Rights of us and others, as described above. Except as expressly authorized by us in these Terms of Use, you agree that you will not:
4.1.1. reproduce, edit, modify, rent, license, sell, distribute, mirror, frame, republish, download, transmit, or create derivative works from, any Information, Content, and/or Materials displayed on, or made available through, Our Sites or in connection with the Service, in whole or in part, by any means now known or later developed;
4.1.2. modify, decompile, or reverse engineer any part of the Software;
4.1.3. copy, post or transmit any Information, Content, and/or Materials that you receive from, access, or retrieve from, Our Sites or through the Service, to any server, or network of computers; or
4.1.4. remove or
modify any copyright or trademark notice, or other notice of ownership,
displayed on, or affixed to, any Information, Content, and/or Materials,
including any copies of the Licensed Materials that you download and/or
distribute.
4.2. PROPER NOTICE REQUIRED.
4.2.1. Any authorized uses of Our Materials, including any authorized reproduction, transmission, broadcast or adaptations permitted under these Terms of Use, must contain the following Copyright notice:
"Copyright © [date] Campus Crusade for Christ, Inc. All rights reserved. Used by permission"
4.2.2. All other
copyright notices should be maintained and displayed, as displayed on
Our Sites or on the relevant work, or as otherwise instructed by us.
4.3 LIMITED LICENSE FOR DOWNLOADABLE
MATERIALS.
4.3.1. Subject to the restrictions herein we hereby grant to you a limited, non-exclusive, non-transferable, non-sublicensable, license (the “License”) to view, print, and make one copy, unless otherwise authorized, without alteration, the materials clearly identified and intended as downloadable materials (the “Licensed Materials”) and not general content or other materials that are not identified as downloadable, provided that: (a) the Licensed Materials are used by you or any third party to whom you distribute them only for informational, non-commercial, private purposes in the format in which they are made available on Our Sites for download, and in distributions as authorized by the particular site from which downloaded; (b) no Distribution Fee may be charged or associated with the distribution of any of the Licensed Materials to a third party; (c) all copyright, trademark or other proprietary notices that appear on the Licensed Materials, together with the permission notice set forth in Paragraph 4.2 above, must appear on all copies of the Licensed Materials that you make or distribute; (d) no graphics comprising part of the Licensed Materials are used, copied or distributed separate from accompanying text; (e) the Licensed Materials are not used in connection with, or relation to, any fundraising activities; (f) you do not use the Licensed Materials in a manner that suggests an association with us, or any of our products, services, or brands; and (g) you do not download quantities of Licensed Materials to a database that can be used to avoid future downloads of any of the Licensed Materials from any of Our Sites. The term “Distribution Fee” means any and all payments of monies, fees, royalties, remuneration, donations, gifts or other consideration, whether in cash or like-kind, received by, paid to, owed to on or behalf of a user or a distributor that arise from, or are in any way related to the provision, transmission, distribution, sale, license, lease, rental or other use of the Licensed Materials, including specifically without limitation, any fundraising activities. For the materials not clearly identified and intended as downloadable materials (“General Content”) we hereby grant to you a limited, non-exclusive, non-transferable, non-sublicensable, license to print and make one copy, without alteration, provided that the General Content is used only for informational, non-commercial, private or personal purposes only, unless otherwise authorized at a particular site.
4.3.2. You shall not copy onto another website any of the materials or contents on our websites, unless otherwise authorized. You may, however, access the materials or contents of our websites through a hyperlink.
4.3.3. We reserve
any rights not expressly granted herein. We may terminate the
License at any time by providing notice of termination on Our Sites.
Further, the License shall automatically terminate without notice if
you breach any of the terms or conditions of the License or these Terms
of Use. Upon termination of the License, you agree to immediately
destroy, and cease all use or distribution of, any downloaded, printed
or electronically stored copies of the Licensed Materials.
5. YOUR USE OF OUR SITE AND
SERVICE.
5.1. PROVISION OF YOUR PERSONAL INFORMATION.
5.1.1. As a user of Our Site, you can visit certain areas of Our Site without revealing any information about yourself. In other parts of Our Site, you may be required to provide information for certain purposes, including registering for a service, completing a transaction, making a donation, sending correspondence, purchasing or ordering a product, processing an order, and/or or gaining access to a portion of Our Site or part of the Service (all information you provide shall be referred to as the "Registration Data"). We encourage you not to use, submit or provide any personal or sensitive information beyond what is requested or required for your transactions with our affiliates or us. We shall have no responsibility for use, misuse, loss or alteration of any information (including Registration Data) provided by you, including any information, content, materials or ideas that is not requested by us, but is nevertheless provided by you.
5.1.2. When
using any of Our Sites, you agree to: (a) provide true, accurate, current
and complete information about yourself in Registration Data or otherwise;
(b) maintain the security of all passwords, user identification data,
and other unique identifiers established in connection with your use
of any part of Our Sites and/or the Service, including any Forum (defined
below) (each a “Password”); and (c) maintain and promptly update
the Registration Data, and any other information you provide, to keep
it true, accurate, current and complete. If you provide any information
that is untrue, inaccurate, not current or incomplete, or we have reasonable
grounds to suspect that such information is untrue, inaccurate, not
current or incomplete, we have the right to suspend or terminate your
access to Our Sites, and to refuse any and all current or future access
to, or use of, Our Sites and the Service.
Any Registration Data and
certain other information about you that we obtain from you through
use of Our Sites is subject to our Privacy Statement. For more
information, see our full Privacy Statement at http://ai.clm.org/privacy.html.
We ask that parents supervise
their children while visiting Our Sites. We are concerned about
the safety and privacy of all of Our Sites’ users, particularly children.
For this reason, parents who wish to allow their children under the
age of 13 to provide personal information to the Our Site must provide
permission through sending an e-mail to
clm@clm.org. A parent of any minor providing information to Our Site
can always (a) ask to review any personal information about his/her
child that we may have collected at one of Our Sites; (b) request that
we delete this information (if we still have the information in our
databases); and/or (c) instruct us not to collect or use his/her child’s
information in the future. If you are a parent and wish to exercise
this right, simply contact us at Faculty Commons, P.O.
Box 129, Addison, TX 75001. clm@clm.org. For more information,
please refer to our Privacy Statement
(http://ai.clm.org/privacy.html). In the absence of parental
permission, you certify by using Our Sites or any part of the Service,
that you are at least 13 years of age. If you are ordering or
purchasing any product, you agree that you are 18 years of age, or at
least the age of majority for purposes of entering into an enforceable
contract in the jurisdiction in which you reside.
To facilitate everyone’s enjoyment of Our Sites, we have set out our general use rules for you here. Generally speaking, these rules simply require respect and good manners. Use common sense and you will feel right at home. The term "Forum" means a chat area, message board, e-mail or other function that allows you to provide information or interact with others offered as part of any of Our Sites. Portions of Our Site may allow users to post their own material. The materials posted by users do not necessarily reflect our views and we shall not be liable for any user information posted or displayed on, or uploaded onto, any of Our Sites, including any Forum. Our general use rules for Our Sites are as follows:
5.4.1. We do not allow obscene, racist, vulgar, discourteous, indecent or sexually explicit language or images. You agree not to post, upload, e-mail, transmit, distribute, or otherwise make available, any such content or materials onto any of Our Sites, including any Forum. You also agree not to:
- post, upload, e-mail, transmit, distribute, or otherwise make available, any material or content that infringes and/or violates any right of a third party (including its intellectual property and proprietary rights), or any law;
- post, upload, e-mail, transmit, distribute, or otherwise make available, any advertisements for products or services, “junk mail”, spam, chain mail, pyramid schemes, or other form of solicitation;
- use the Forum or Our Sites for commercial purposes of any kind;
- harm, or attempt to harm, minors in any way;
- create a false identity for the purpose of misleading others;
- collect or store personal data about other users;
- post or distribute any software or other materials that contain a virus or other harmful component;
- interfere with, or disrupt, the operation of Our Sites and/or the Service, or with servers or networks connected to, or used in connection with the operation of, Our Sites; or
- disobey any requirements, procedures, policies or regulations established by the owners or operators of any networks, hardware, or software connected to, or used in connection with the operation of, Our Sites, or any requirement that we post on Our Sites.
5.4.2. You must respect the privacy of others. You agree not to post or disclose phone numbers, addresses, Social Security numbers, or any other private information, relating to any other person.
5.4.3. You participate at your own risk when participating in, or engaging in any activity relating to, Our Sites and/or the Service (including any Forum). You expressly assume and take full and sole responsibility at your own risk for (a) all postings using, or made under, your Passwords or Your Accounts; and (b) and any use of any Information, Content, Materials, and any other information or materials provided or displayed on, or contained in, Our Sites (including in any Forum). We take no responsibility for the content or opinions posted in any Forum.
5.4.4. We reserve the right to remove any and all postings (and all related materials), including those that we consider, in our sole discretion, to be (a) defamatory or disparaging of, or insulting to, any person or entity; (b) abusive or hateful; (c) obscene, lewd, or vulgar; and (d) contrary to, or inconsistent with, the principles, tenets, and Mission Statement of Our Organization. Any harassing notes or postings that might be construed as stalking, or any postings that might otherwise be illegal or relate to illegal activity, will be deleted and may be made available to the proper law-enforcement officials. While we reserve the right to remove any posting, we shall have no obligation to do so.
5.4.5.
By uploading any materials to any of Our Sites, including any Forum,
or submitting any materials to us in any other manner, you automatically
grant (or warrant that the owner of such materials expressly granted)
to us a perpetual, royalty-free, irrevocable, nonexclusive right and
license to use, reproduce, modify, adapt, publish, translate, publicly
perform and display, create derivative works from and distribute such
materials, or to incorporate such materials into any form, medium, or
technology now known or later developed throughout the universe. In
addition, you warrant that all so-called "moral rights" in
those materials have been waived. You agree that we own any derivative
works, improvements or other materials, works, ideas, intellectual property,
and/or products created from, based on, or related to, our access to,
or use of, any materials you provide.
When participating in a
Forum, never assume that people are who they say they are, know what
they say they know, or are affiliated with whom they say they are affiliated
with. We cannot be, and we are not, responsible for the content
or accuracy of any information provided or posted in any Forum.
By posting materials to Our Sites or a Forum, you represent and warrant
to us that: (a) you have all necessary rights in and to such materials,
and that the posting of such materials will not infringe on any personal
or proprietary rights of any third party, including its intellectual
property rights; and (b) such materials are not harmful, defamatory,
unlawful, threatening, obscene, lewd, lascivious, harassing, and/or
contrary to the principles, tenets, and Mission Statement of Our Organization.
We are pleased to hear
from our visitors and welcome your comments regarding our work, ministry,
products, and Our Sites and we do value your feedback. However,
we request that you limit your comments to those services and products,
as our policies do not allow us to accept or consider any creative materials,
suggestions, ideas, notes, drawings, concepts, strategies or other information
to Our Site (collectively “Submissions”) other than those that we
have specifically requested. We hope that you will understand
that it is the intent of this policy to avoid the possibility of future
misunderstandings when projects developed by our staff might seem to
others to be similar to their own creative work. Instead, if you
have a creative idea or suggestion that constitutes a Submission, please
contact the Office of the General Counsel for Campus Crusade for Christ
(Office of the General Counsel, MC
3500, Campus Crusade for Christ, 100 Lake Hart Drive, Orlando, FL 32832;
(407) 826-2011).
Consequently, either in response to specific questions or inquiries
(e.g. postings to any Forum, including any chat room), or, despite our
request to the contrary, if you submit any Submissions, the Submissions
will be deemed and shall remain our property. None of these submissions
will be subject to any obligation of confidentiality, and you expressly
agree that we will not be liable to you or any other party for any use
or disclosure of any Submissions. For each Submission that you
provide to us, including sending to us by e-mail, or by posting on,
or uploading to, any of Our Sites, you hereby assign all of your right,
title, and interest in and to such Submission to Our Organization.
You acknowledge and agree that we shall have no obligation to pay you
for your Submission, or any use by us thereof. We may remove your
Submission from Our Sites (including any Forum) at any time, without
prior notice. For each Submission, you represent and warrant to
us that you have all rights necessary for you to make the assignment
set forth in this Paragraph 5.6.
From time to time, we may
provide links on Our Sites that will allow you to connect with web sites
of third-parties that are not under our control. We are providing
these links only as a convenience to you. Further, there may be
times while in Our Sites that you could be directed to sites that are
beyond our control. For example, if you click on a banner advertisement,
the click may take you from Our Site. This includes links from
advertisers, sponsors, and partners that may use our logo(s) as part
of an agreement with us. These other sites may send their own
cookies to users, collect data, solicit personal information, or contain
information that you may find inappropriate or offensive. In addition,
advertisers on Our Sites may send cookies to users that we do not control.
We make no representations
or warranties concerning the content of, or the privacy practices of,
Web sites that are not Our Sites, even if we provide links to such sites
on Our Sites. Consequently, we accept no responsibility for, and
we expressly disclaim any warranties or liability relating to, the accuracy,
relevancy, copyright compliance, legality, or decency of materials displayed
on, or contained in, Web sites linked to, or to which you are directed
from, any of Our Sites. You access and use such Web sites, and the services
provided in connection therewith, at your own risk. We encourage
you to review the terms of use and privacy statements posted on any
third party Web site, or to contact the operator of the Web site prior
to using, or providing any information on, such third party Web site.
Links to other web sites
do not imply an endorsement of the materials, products, content, or
ideas displayed on, or disseminated at, those web sites, nor does the
existence of a link to another site imply that the organization or person
publishing at that site endorses any of the materials or ideas at Our
Sites. We reserve the right to disable links from third-party
sites to any of Our Sites at any time without prior notice.
7. PRODUCT SALES AND DONATIONS.
7.1. PRODUCT SALES AND AVAILABILITY.
We may sell certain products
and materials on certain of Our Sites through an Internet Store.
All prices for products and materials sold through the Internet Store
are quoted in U.S. Dollars, and are valid and effective only in the
United States at the time of posting. If we provide products or
materials for delivery to certain locations outside the United States,
we reserve the right to charge a higher price, or additional fees, for
such products. We reserve the right to, at any time, and without
prior notice, discontinue or change information, availability and pricing
on any product or Materials on Our Site, without incurring any obligations
to you or any other party. You are responsible for any applicable
Use taxes of your jurisdiction imposed as user or buyer of products
or services.
7.2. THIRD PARTY SALES.
We make no representations
with respect to the availability or quality of any products, materials
or services that you purchase from a third-party Web site that links
to or from any of Our Sites, or as a result of third-party content (including
advertisements) posted, displayed, or included on any of Our Sites.
We do not endorse any of the products, nor have we taken any steps to
confirm the accuracy or reliability of, any of the information contained
in such third-party sites or content (including advertisements). You
hereby irrevocably and forever release and waive (on behalf of yourself
and your heirs, personal representative, and permitted assigns) any
claim against us relating to, or arising out of, (a) the operation or
display of any third-party Web-sites and third-party content, whether
or not such Web sites and content are accessible through, or displayed
on, Our Sites; (b) your access or use of any third-party Web site or
third-party content; and (c) any and all products or materials that
you purchase from any third-party Web site, even if such product is
advertised on Our Sites. We strongly encourage you to make whatever
investigation you feel necessary or appropriate before proceeding with
any on-line or off-line transaction with the operator or owner of a
third-party Web site or the publisher or owner of any third-party content
displayed on Our Sites.
7.3. Donations.
Donations made through Our Sites are verified, secure and confidential. Like any tax-deductible charitable contribution, any electronic giving made through Our Site by credit card or electronic transfer is considered made and irrevocable at the time the contribution is submitted on Our Site. For further information or questions concerning donations you may contact us at: 888-CRUSADE or visit our website at: http://give.ccci.org/.
7.4. Credit Cards.
We take the issue of your
privacy seriously. All credit card information submitted is protected
by SSL (Secure Sockets Layer) encryption, the recognized standard of
the online industry. It is an advanced technology used by all major
e-commerce organizations including banks and credit card companies.
We provide your credit card number, billing and shipping information
to participating merchants from whom you buy goods or services. These
merchants are solely responsible for how they use that information and
any other information they independently acquire from you or about you.
Otherwise, we do not share your credit card information with anyone
else, except as described in our Privacy Statement (http://ai.clm.org/privacy.html),
which we encourage you to read each time you visit any of Our Sites.
7.5. SUBSCRIPTIONS, FEES AND BILLING.
Some services offered on Our Sites are fee or subscription-based services (“Subscribed Services”). If you open a fee or subscription-based account with any of Our Sites for a Subscribed Service, you hereby agree to pay all charges to such account, including applicable taxes, in accordance with billing terms in effect at the time the fee or charge becomes payable. We reserve the right to change the amount of, or basis for determining, any fees or charges for services we provide, and to institute new fees, charges, or terms effective upon notice to you at the e-mail address you provide when establishing your account. We reserve the right to terminate your account(s) at any time for any reason.
7.5.1. We agree that we will terminate your account upon notice from you. If cancellation is received within the first 30 days of your signing up for a Subscribed Service, you will be refunded all subscription fees for that Subscribed Service, but you will still be obligated to pay any other charges incurred. If you cancel a Subscribed Service after 30 days of signing up for such Subscribed Service, no refund for unused time, or services, relating to such Subscribed Service will be made. If you have a balance due on any account through Our Sites or relating to the Service, you agree that we can charge these unpaid fees to your credit card.
7.5.2. Renewal: Your subscription for each Subscribed Service will be automatically renewed and your credit card account will be charged as follows:
- Once every Month for monthly subscriptions. Once every year (on each anniversary of the date you first subscribed for the Subscribed Service) for annual subscriptions.
- Once every six (6) Months for six (6) month subscriptions
7.5.2.1. The renewal charge shall be equal to the original signup price, unless otherwise notified in advance by us. You will have thirty (30) days after the date that any renewal fee is posted to your charge account to give notice that you wish to cancel your subscription to the Subscribed Service. The subscription will be cancelled upon receipt of such notification and a credit will be posted to your charge account equal to the latest renewal fee charged.
7.5.2.2. Your right to use any Subscribed Service is subject to any limits established by us or by your credit card issuer. If payment cannot be charged to your credit card or your charge is returned for any reason, including chargeback, we reserve the right to either suspend or terminate your access and account, thereby terminating your subscription to, together with all of your rights, and our obligations, relating to, the Subscribed Service.
7.5.3. If you
have reason to believe that your account is no longer secure (for example,
in the event of a loss, theft or unauthorized disclosure or use of any
Password, or any credit, debit or charge card number stored) notify
us immediately of the problem to avoid possible liability for any unauthorized
charges to your account.
8. DISCLAIMERS.
8.1. EXCEPT FOR
THE LIMITED WARRANTIES OTHERWISE EXPRESSLY STATED AND DISPLAYED ON OUR
SITES RELATING TO CERTAIN PRODUCTS THAT WE SELL THROUGH THE INTERNET
STORE, YOUR USE OF OUR SITES, THE SERVICE, ALL CONTENT, ALL INFORMATION,
AND ALL MATERIALS ARE OFFERED ON AN "AS IS" BASIS, “WITH
ALL FAULTS,” AND “AS AVAILABLE,” WITHOUT ANY WARRANTIES WHATSOEVER,
EITHER EXPRESS OR IMPLIED, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE
LAW. WE EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED,
RELATING TO OUR SITES, ALL INFORMATION, CONTENT, MATERIALS, THE SOFTWARE,
AND THE SERVICE, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT
OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS. WE DO NOT WARRANT
THAT THE FUNCTIONS CONTAINED IN OUR SITES AND/OR THE SERVICE WILL BE
UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS OR ERRORS WILL BE CORRECTED
PROMPTLY OR AT ALL; AND/OR THAT ANY OF OUR SITES, INFORMATION, CONTENT,
MATERIALS, THE SERVICE (AND/OR ANY SOFTWARE, SERVER, COMPUTER, HARDWARE,
OR NETWORK RELATING TO THE OPERATION, OR HOSTING OF, ANY OF THE FOREGOING)
WILL BE FREE OF VIRUSES, ERRORS, OR HARMFUL COMPONENTS. APPLICABLE
LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE
EXCLUSIONS MAY NOT APPLY TO YOU. WE ASSUME NO RESPONSIBILITY FOR
THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY COMMUNICATIONS
OR MATERIALS POSTED ON OUR SITE OR IN ANY FORUM.
8.2. WE EXPRESSLY
DISCLAIM ANY WARRANTIES, REPRESENTATIONS, OR RESPONSIBILITY FOR THE
ACCURACY OR COMPLETENESS OF ANY INFORMATION, CONTENT, AND MATERIALS
CONTAINED, DISPLAYED, OR POSTED ON OUR SITES OR OTHERWISE AVAILABLE
THROUGH OUR SITE, OR ON SITES THAT LINK TO OR FROM OUR SITES.
ALL SUCH INFORMATION, CONTENT AND MATERIALS ARE SUBJECT TO CHANGE WITHOUT
NOTICE. WE DO NOT WARRANT, OR MAKE ANY REPRESENTATIONS WITH RESPECT
TO, THE USE, OR THE RESULTS THAT MAY BE ACHIEVED THROUGH SUCH USE, OF
ANY OF OUR SITES, ANY PART OF THE SERVICE, AND/OR ANY INFORMATION,
CONTENT, AND/OR MATERIALS.
8.3. AT ANY TIME
AND WITHOUT NOTICE, WE MAY, FOR ANY REASON WHATSOEVER AND WITHOUT INCURRING
ANY LIABILITY OR OBLIGATION TO YOU OR ANY OTHER PARTY, TERMINATE OR
SUSPEND THE DISPLAY, OPERATION AND/OR PROVISION OF (A) ANY OF OUR SITES
(OR ANY PART THEREOF, INCLUDING ANY CONTENT, INFORMATION, AND/OR MATERIALS);
(B) ANY PART OF THE SERVICE; AND/OR (C) YOUR ACCESS TO ANY OF OUR SITES
OR ANY PART OF THE SERVICE.
8.4. WHILE WE WILL
MAKE REASONABLE EFFORTS TO PROVIDE ACCURATE AND TIMELY INFORMATION,
REPORTS AND PRAYER REQUESTS ON OUR SITES, YOU SHOULD NOT ASSUME THAT
THE INFORMATION PROVIDED IS ALWAYS UP TO DATE, ACCURATE, COMPLETE OR
THAT OUR SITES CONTAIN ALL OF THE RELEVANT INFORMATION AVAILABLE.
IN PARTICULAR, IF YOU ARE MAKING A CONTRIBUTION DECISION REGARDING ANY
OF OUR MININSTRIES, PLEASE CONSULT A NUMBER OF DIFFERENT AND INDEPENDENT
SOURCES, INCLUDING THE CHARTER MEMBERSHIP INFORMATION AT THE EVANGELICAL
COUNCIL FOR FINANCIAL ACCOUNTABILITY (ECFA).
9. LIMITATION OF LIABILITY.
IN NO EVENT AND UNDER NO CIRCUMSTANCES
SHALL WE BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY
DAMAGES THAT RESULT FROM YOUR USE OF, OR INABILITY TO USE, ANY OF OUR
SITES, ANY INFORMATION, ANY CONTENT, ANY MATERIALS, AND/OR THE SERVICE,
OR ANY PART THEREOF, EVEN IF WE HAVE BEEN EXPRESSLY ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR
EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE
ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN NO EVENT
SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES
OF ACTION (WHETHER IN CONTRACT, TORT, INCLUDING, BUT NOT LIMITED TO,
NEGLIGENCE, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU TO US, IF ANY,
FOR ACCESSING OR USING ANY OF OUR SITES AND/OR FOR USING THE SERVICE,
OR ANY PART THEREOF. IF YOU ARE DISSATISFIED WITH ANY ASPECT OF
OUR SITES AND/OR THE SERVICE, IF YOU DO NOT AGREE WITH ANY PROVISION
OF THESE TERMS OF USE, OR IF YOU HAVE ANY OTHER DISPUTE OR CLAIM WITH
OR AGAINST OUR ORGANIZATION WITH RESPECT TO THESE TERMS OF USE, ANY
ASPECT OF OUR SITES AND/OR THE SERVICE, AND/OR YOUR USE OF ANY OF OUR
SITES OR ANY PART OF THE SERVICE, THEN YOU ACKNOWLEDGE AND AGREE THAT
YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND/OR USING
OUR SITES AND/OR THE SERVICE.
10. INDEMNITY.
You are entirely responsible
for maintaining the confidentiality of all Passwords and all accounts
that you establish in conjunction with your use of Ours Sites or the
Service (“Your Accounts”). You are solely responsible for
all activities that occur under, or relating to, your Passwords and
Your Accounts, and for your use of any of Our Sites and any part of
the Service. You hereby agree to indemnify, defend, and hold us,
and our affiliates, our officers, directors, owners, agents, information
providers, affiliates, licensors, and licensees (collectively, the "Indemnified
Parties"), harmless from and against any and all liabilities and
costs (including reasonable attorney’s fees) incurred by the Indemnified
Parties in connection with any claim arising out of, or relating to,
(a) any breach by you of these Terms of Use; (b) any unauthorized use
by you of any Information, Content, Materials, Our Sites, or any part
of the Service; (c) your use of Our Sites and/or any part of the Service;
and (d) all activities relating to, or conducted under, your Passwords
and/or Your Accounts. You shall use your best efforts to cooperate
with us in the defense of any such claim. We reserve the right, at our
own expense, to assume the exclusive defense and control of any claim
against you or use that is subject to indemnification by you.
You agree that that in the event of any unauthorized use of Our Sites,
any Information, Content, Materials, and/or any part of the Service,
we shall be entitled to obtain an injunction proscribing such unauthorized
use, without the necessity to post bond, and in addition to any other
remedies available at law or in equity.
11. JURISDICTIONAL ISSUES.
These Terms of Use shall be
governed by, and construed in accordance with, the laws of the State
of Florida, without giving any effect to any principles of conflicts
of law. You agree that any action at law or in equity, and/or
any claim arising out of or relating to these Terms of Use, Our Sites,
the Service, and/or your access, and/or use, of any of Our Sites or
the Service, shall be filed and litigated only in the state or federal
courts located in Orange County, Florida. You hereby consent and
submit to the exclusive personal jurisdiction of such courts for the
purposes of litigating any such action or claim.
12. SPECIAL ADMONITIONS
FOR INTERNATIONAL USE.
12.1. Unless otherwise
specified, Our Sites, the Information, Content, Materials and the Service
are presented solely for the purpose of promoting your spiritual
and educational awareness and understanding, and promoting certain programs,
films, and other products and services available in certain countries.
Our Organization has its international headquarters in Orlando, Florida,
USA. If you access any of Our Sites from outside the United States,
be advised that Our Sites may contain references to Information, Content,
Materials, services, products and other information and materials that
may not be available, or may be prohibited, in your country. We
reserve the right to limit the provision of any of Our Sites, any Content,
any Information, any Materials, and any part of the Service to any person,
geographic area or jurisdiction we so chose in the exercise of our sole
discretion. The Service, or any part thereof, is void
where prohibited.
12.2. You agree
to comply with all local rules regarding the use of Our Sites (including
any Forum), any Information, any Content, any Materials, and any part
of the Service, including any local rules regarding acceptable online
conduct. You also specifically agree to comply with all applicable
laws regarding the transmission of technical data or other information
exported from the United States or the country in which you reside.
12.3. The Software
used in association with Our Sites and the Service may be further subject
to United States export controls. No Software may be downloaded, or
otherwise exported or re-exported (a) into (or to a national or resident
of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country
to which the U.S. has embargoed goods; or (b) to anyone on the U.S.
Treasury Department's list of Specially Designated Nationals or the
U.S. Commerce Department's Table of Deny Orders. By accessing,
downloading or using the Software, or any other materials relating to
Our Sites that are subject to United States export controls, you represent
and warrant to us that you are not located in, or a resident or national
of, any of the countries identified in subsection (a) of this Paragraph
12.3, and that you are not acting on behalf of, or under the control
of a national or resident of any such country, or any person described
in subsection (b) of this Paragraph 12.3.
13. NOTICE AND PROCEDURE
FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT.
We are committed to respecting
the intellectual property rights of other parties, and we ask you, and
the other users of Our Sites and the Service, to do the same. Pursuant
to Title 17, United States Code, Sections 512(c)(2) and (3), notifications
of claimed copyright infringement for materials displayed, or available,
on any of Our Sites should be sent to Campus Crusade’s Designated
Agent. Campus Crusade’s Designated Agent is:
Dennis R. Kasper, Esq.
Lewis, Brisbois, Bisgaard & Smith, LLP
221 Figueroa Street, Suite 1200
Los Angeles, CA 90012
213-250-1800
213-250-7900
Fax
14. TERMINATION.
These Terms of Use, as may
be modified from time to time by us without notice, are effective until
we provide notice of termination thereof on Our Sites. You agree
to be bound by the Terms of Use as displayed on each of Our Sites at
the time you use such Site and/or any part of the Service provided in
connection therewith. You may not terminate any provision of these
Terms of Use. Your sole and exclusive remedy in the event that
you no longer desire to be bound by any of the provisions of these Terms
of Use is to discontinue your access and use of all Our Sites and the
Service, and to destroy all Materials and other items obtained from
any and all Our Sites, whether pursuant to the License, or otherwise,
together with all related documentation and all copies and installations
thereof, except for purchased products. We may terminate your access
to any and all Our Sites, and/or any part of the Service, at any time
in our sole discretion, and we reserve the right at any time to discontinue
the operation of any of Our Sites, and/or the provision of any part
of the Service. We may immediately terminate your right to access
and/or use any of Our Sites and/or the Service, without notice, if,
in our sole discretion, you fail to comply with any provision of these
Terms of Use.
15. GENERAL PROVISIONS.
15.1. You acknowledge
and agree that the unauthorized use of Our Sites, Information, Content,
Materials, and/or any part of the Service could cause irreparable harm
to us and/or organizations or individuals that may be associated with
us worldwide. Accordingly, you agree that that in the event of
any unauthorized use of Our Sites, any Information, Content, Materials,
and/or any part of the Service, we shall be entitled to obtain an injunction
proscribing such unauthorized use, without the necessity to post bond,
and in addition to any other remedies available at law or in equity.
15.2. These Terms
of Use, as may be amended by us from time to time, constitute our entire
agreement with respect to your use of any of our Our Sites and the Service.
These Terms of Use supersede all prior agreements, understandings and
representations between us with respect to your use of any of Our Sites
and the Service. You cannot amend or alter the terms of these
Terms of Use.
15.3. These Terms
of Use, including the License, are personal to you, and neither can
be assigned by you. You agree not to allow any other person to
access and/or use any of Our Sites or the Service unless such other
person agrees to be bound all of the provisions of these Terms of Use.
You further agree to assume all responsibility and liability arising
from any third party access to, or use of, any of Our Sites and/or the
Service (a) using, or under, any of Your Accounts, or any of your Passwords;
and (b) that you permit, knowing that such third party has not agreed
to be bound by all of the provisions of these Terms of Use.
15.4. We may at times
send you information by e-mail that we believe will be of interest to
you. If you register at any of Our Sites, and you do not want
to receive e-mails from us, please let us know by sending an e-mail
requesting that we not send you e-mails to http://ai.clm.org.
15.5. If any provision
of these Terms of Use is finally found by a court of competent jurisdiction
to be void, invalid, unenforceable or otherwise contrary to law or equity,
the remaining provisions of these Terms of Use that can be given effect
without such void or unenforceable term or provision, shall be
given full effect and binding on the parties.
15.6. Our failure
to enforce strict performance of any provision of these Terms of Use,
or to penalize any violation by you of these Terms of Use, shall not
constitute a waiver of our right to subsequently enforce such provision
or any other provision of these Terms of Use, or to penalize you for
any further violations of any provision of these Terms of Use.
15.7. All of the
provisions of these Terms of Use, which by their nature, survive the
termination of these Terms of Use, shall so survive, including without
limitation, the provisions of Paragraphs 3, 4, 5, 6, 8, 9, 10 and 11.