1. Acceptance of Agreement.
You agree to the terms and conditions outlined in this Terms of Use Agreement
("Agreement") with respect to ChristianChronicle.org (the "Site").
This Agreement constitutes the entire and only agreement between us and you,
and supersedes all prior or contemporaneous agreements, representations, warranties
and understandings with respect to the Site, the content, products or services
provided by or through the Site, and the subject matter of this Agreement.
This Agreement may be amended at any time by us from time to time without specific
notice to you. The latest Agreement will be posted on the Site, and you should
review this Agreement prior to using the Site.
2. Copyright.
The content, organization, graphics, design, compilation, magnetic translation,
digital conversion and other matters related to the Site are protected
under applicable copyrights, trademarks and other proprietary (including
but not limited to intellectual property) rights. The copying, redistribution,
use or publication by you of any such matters or any part of the Site,
except as allowed by Section 4 below, is strictly prohibited. You do
not acquire ownership rights to any content, document or other materials
viewed through the Site. The posting of information or materials on the
Site does not constitute a waiver of any right in such information and
materials. Some of the content on the site is the copyrighted work of
third parties.
3. Service Marks.
"The Christian Chronicle " and others are our service marks or registered
service marks or trademarks. Other product and company names mentioned on the
Site may be trademarks of their respective owners.
4. Limited License; Permitted Uses.
You are granted a non-exclusive, non-transferable, revocable license (a)
to access and use the Site strictly in accordance with this Agreement;
and (b) to use the Site solely for internal, personal, non-commercial
purposes. No print out or electronic version of any part of the Site
or its contents may be used by you in any litigation or arbitration matter
whatsoever under any circumstances.
5. Restrictions and Prohibitions on Use.
Your license for access and use of the Site and any information, materials
or documents (collectively defined as “Content and Materials”)
therein are subject to the following restrictions and prohibitions on
use: You may not (a) copy, print , republish, display, distribute, transmit,
sell, rent, lease, loan or otherwise make available in any form or by
any means all or any portion of the Site or any Content and Materials
retrieved therefrom; (b) use the Site or any materials obtained from
the Site to develop, of as a component of, any information, storage and
retrieval system, database, information base, or similar resource (in
any media now existing or hereafter developed), that is offered for commercial
distribution of any kind, including through sale, license, lease, rental,
subscription, or any other commercial distribution mechanism; (c) create
compilations or derivative works of any Content and Materials from the
Site; (d) use any Content and Materials from the Site in any manner that
may infringe any copyright, intellectual property right, proprietary
right, or property right of us or any third parties; (e) remove, change
or obscure any copyright notice or other proprietary notice or terms
of use contained in the Site; (f) make any portion of the Site available
through any timesharing system, service bureau, the Internet or any other
technology now existing or developed in the future; (g) remove, decompile,
disassemble or reverse engineer any Site software or use any network
monitoring or discovery software to determine the Site architecture;
(h) use any automatic or manual process to harvest information from the
Site; (i) use the Site for the purpose of gathering information for or
transmitting (1) unsolicited commercial email; (2) email that makes use
of headers, invalid or nonexistent domain names, or other means of deceptive
addressing; and (3) unsolicited telephone calls or facsimile transmissions;
(j) use the Site in a manner that violates any state or federal law regulating
email, facsimile transmissions or telephone solicitations; and (k) export
or re-export the Site or any portion thereof, or any software available
on or through the Site, in violation of the export control laws or regulations
of the United States.
6. Linking to the Site.
You may provide links to the Site, provided (a) that you do not remove
or obscure, by framing or otherwise, advertisements, the copyright notice,
or other notices on the Site, (b) your site does not engage in illegal
or pornographic activities, and (c) you discontinue providing links to
the Site immediately upon request by us.
7. Advertisers.
The Site may contain advertising and sponsorships. Advertisers and sponsors
are responsible for ensuring that material submitted for inclusion on
the Site is accurate and complies with applicable laws. We are not responsible
for the illegality or any error, inaccuracy or problem in the advertiser’s
or sponsor’s materials.
8. Registration.
Certain sections of, or offerings from, the Site may require you to register.
If registration is requested, you agree to provide us with accurate,
complete registration information. Your registration must be done using
your real name and accurate information. Each registration is for your
personal use only and not on behalf of any other person or entity. We
do not permit (a) any other person using the registered sections under
your name; or (b) access through a single name being made available to
multiple users on a network. You are responsible for preventing such
unauthorized use.
9. Errors, Corrections and Changes.
We do not represent or warrant that the Site will be error-free, free of
viruses or other harmful components, or that defects will be corrected.
We do not represent or warrant that the information available on or through
the Site will be correct, accurate, timely or otherwise reliable. We
may make changes to the features, functionality or content of the Site
at any time. We reserve the right in our sole discretion to edit or delete
any documents, information or other content appearing on the Site.
10. Third Party Content.
Third party content may appear on the Site or may be accessible via links
from the Site. We are not responsible for and assume no liability for
any mistakes, misstatements of law, defamation, omissions, falsehood,
obscenity, pornography or profanity in the statements, opinions, representations
or any other form of content on the Site. You understand that the information
and opinions in the third party content represent solely the thoughts
of the author and is neither endorsed by nor does it necessarily reflect
our belief.
11. Unlawful Activity.
We reserve the right to investigate complaints or reported violations of
this Agreement and to take any action we deem appropriate, including
but not limited to reporting any suspected unlawful activity to law enforcement
officials, regulators, or other third parties and disclosing any information
necessary or appropriate to such persons or entities relating to your
profile, email addresses, usage history, posted materials, IP addresses
and traffic information.
12. Indemnification.
You agree to indemnify, defend and hold us and our partners, agents, officers,
directors, employees, subcontractors, successors, assigns, third party suppliers
of information and documents, attorneys, advertisers, product and service providers,
and affiliates (collectively, "Affiliated Parties") harmless from
any liability, loss, claim and expense, including reasonable attorney's fees,
related to your violation of this Agreement or use of the Site.
13. Nontransferable.
Your right to use the Site is not transferable or assignable. Any password
or right given to you to obtain information or documents is not transferable
or assignable.
14. Disclaimer.
THE INFORMATION, CONTENT AND DOCUMENTS FROM OR THROUGH THE SITE ARE PROVIDED "AS-IS," "AS
AVAILABLE," WITH “ALL FAULTS”, AND ALL WARRANTIES, EXPRESS OR
IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION
AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND
OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION
OR SERVICE, EXCEPT AS PROVIDED IN SECTION 17(b). IN PARTICULAR, BUT NOT AS A
LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT,
SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS,
LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT,
BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE,
EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION
OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN
BETWEEN US AND YOU. THIS SITE AND THE PRODUCTS, SERVICES, DOCUMENTS AND INFORMATION
PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION,
WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE OR OTHERWISE
SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN
THIS AGREEMENT.
ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT IS DISCLAIMED.
15. Limitation of Liability
(a) We and any Affiliated Party shall not be liable for any loss, injury,
claim, liability, or damage of any kind resulting in any way from (a)
any errors in or omissions from the Site or any services or products
obtainable therefrom, (b) the unavailability or interruption of the Site
or any features thereof, (c) your use of the Site, (d) the content contained
on the Site, or (e) any delay or failure in performance beyond the control
of a Covered Party.
(b) THE AGGREGATE LIABILITY OF US AND THE AFFILIATED PARTIES IN CONNECTION
WITH ANY CLAIM ARISING OUT OF OR RELATING TO THE SITE AND/OR THE PRODUCTS,
INFORMATION, DOCUMENTS AND SERVICES PROVIDED HEREIN OR HEREBY SHALL NOT
EXCEED $100 AND THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH
YOU MAY HAVE AGAINST US AND ANY AFFILIATED PARTY.
16. Use of Information.
We reserve the right, and you authorize us, to the use and assignment of all
information regarding Site uses by you and all information provided by you
in any manner consistent with our Privacy Policy. All remarks, suggestions,
ideas, graphics, or other information communicated by you to us (collectively,
a "Submission") will forever be our property. We will not be required
to treat any Submission as confidential, and will not be liable for any ideas
(including without limitation, product, service or advertising ideas) and will
not incur any liability as a result of any similarities that may appear in
our future products, services or operations. Without limitation, we will have
exclusive ownership of all present and future existing rights to the Submission
of every kind and nature everywhere. We will be entitled to use the Submission
for any commercial or other purpose whatsoever, without compensation to you
or any other person sending the Submission. You acknowledge that you are responsible
for whatever material you submit, and you, not us, have full responsibility
for the message, including its legality, reliability, appropriateness, originality,
and copyright.
17. Third-Party Services.
We may allow access to or advertise certain third-party product or service providers
("Merchants") from which you may purchase certain goods or services.
You understand that we do not operate or control the products or services offered
by Merchants. Merchants are responsible for all aspects of order processing,
fulfillment, billing and customer service. We are not a party to the transactions
entered into between you and Merchants. You agree that use of or purchase from
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 OR NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES ARE
WE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS
OR FOR ANY INFORMATION APPEARING ON MERCHANT SITES OR ANY OTHER SITE LINKED
TO OUR SITE.
18. Third-Party Merchant Policies.
All rules, policies (including privacy policies) and operating procedures
of Merchants will apply to you while on any Merchant sites. We are not
responsible for information provided by you to Merchants. We and the
Merchants are independent contractors and neither party has authority
to make any representations or commitments on behalf of the other.
19. Privacy Policy.
Our Privacy Policy, as it may change from time to time, is a part of this
Agreement. You must review this Privacy
Policy by clicking on this link.
20. Payments.
You represent and warrant that if you are purchasing something from us
or from Merchants that (i) any credit information you supply is true
and complete, (ii) charges incurred by you will be honored by your credit
card company, and (iii) you will pay the charges incurred by you at the
posted prices, including any applicable taxes.
21. Links to other Web Sites.
The Site contains links to other Web sites. We are not responsible for
the content, accuracy or opinions express in such Web sites, and such
Web sites are not investigated, monitored or checked for accuracy or
completeness by us. Inclusion of any linked Web site on our Site does
not imply approval or endorsement of the linked Web site by us. If you
decide to leave our Site and access these third-party sites, you do so
at your own risk.
22. Copyrights and Copyright Agents.
We respect the intellectual property of others, and we ask you to do the
same. If you believe that your work has been copied in a way that constitutes
copyright infringement, please provide our Copyright Agent the following
information:
a. An electronic or physical signature of the person authorized to act
on behalf of the owner of the copyright interest;
b. A description of the copyrighted work that you claim has been infringed;
c. A description of where the material that you claim is infringing is
located on the Site;
d. Your address, telephone number, and email address;
e. A statement by you that you have a good faith belief that the disputed
use is not authorized by the copyright owner, its agent, or the law; and
f. A statement by you, made under penalty of perjury, that the above information
in your Notice is accurate and that you are the copyright owner or authorized
to act on the copyright owner's behalf.
Our Copyright Agent for Notice of claims of copyright infringement on the
Site can be reached by contacting us online ,
or by mailing us at:
The Christian Chronicle
Attn: Copyright Agent
PO Box 11000
Oklahoma City, OK 73136-1100
23. Information and Press Releases.
The Site contains information and press releases about us. We disclaim
any duty or obligation to update this information or any press releases.
Information about companies other than ours contained in the press release
or otherwise, should not be relied upon as being provided or endorsed
by us.
24. Legal Compliance.
You agree to comply with all applicable domestic and international laws,
statutes, ordinances and regulations regarding your use of the Site and
the Content and Materials provided therein.
25. Miscellaneous.
This Agreement shall be treated as though it were executed and performed
in Oklahoma City, Oklahoma, and shall be governed by and construed in
accordance with the laws of the State of Oklahoma (without regard to
conflict of law principles). Any cause of action by you with respect
to the Site (and/or any information, Documents, products or services
related thereto) must be instituted within one (1) year after the cause
of action arose or be forever waived and barred. All actions shall be
subject to the limitations set forth in Section 16 and Section 17. The
language in this Agreement shall be interpreted as to its fair meaning
and not strictly for or against any party. This Agreement and all incorporated
agreements and your information may be automatically assigned by us in
our sole discretion to a third party in the event of an acquisition,
sale or merger. Should any part of this Agreement be held invalid or
unenforceable, that portion shall be construed consistent with applicable
law and the remaining portions shall remain in full force and effect.
To the extent that anything in or associated with the Site is in conflict
or inconsistent with this Agreement, this Agreement shall take precedence.
Our failure to enforce any provision of this Agreement shall not be deemed
a waiver of such provision nor of the right to enforce such provision.
Our rights under this Agreement shall survive any termination of this
Agreement.
26. Arbitration.
Any legal controversy or legal claim arising out of or relating to this
Agreement or our services, excluding legal action taken by us to collect
or recover damages for, or obtain any injunction relating to, Site operations,
intellectual property, and our services, shall be settled solely by binding
arbitration in accordance with the commercial arbitration rules of JAMS.
Any such controversy or claim shall be arbitrated on an individual basis,
and shall not be consolidated in any arbitration with any claim or controversy
of any other party. The arbitration shall be conducted in Oklahoma City,
Oklahoma, and judgment on the arbitration award may be entered into any
court having jurisdiction thereof. Either you or us may seek any interim
or preliminary relief from a court of competent jurisdiction in Oklahoma
City, Oklahoma necessary to protect the rights or property of you and
us pending the completion of arbitration. Each party shall bear one-half
of the arbitration fees and costs.
