Terms of Use Agreement
October, 2018
Thank you for visiting the Web site (the “Site”) for the Congregational Resource Guide of the Indianapolis Center for Congregations (“Center”). Like many other Web sites, this Site has rules (“terms of use”) that apply to your use of the Site. By using the Site, you agree to comply with and be bound by all terms, conditions, and notices contained or referenced in this Terms of Use Agreement (the “Agreement”), which incorporates our Privacy Policy, available here, by reference. Please review this Agreement carefully. If you do not agree with this Agreement you may not use the Site, so please exit immediately.
The Site is offered to and intended for use only by individuals who are 18 years of age or older and reside in the United States or any of its territories or possessions (“United States”). The Site is not intended for users who reside outside the United States. By using this Site, you represent and warrant that you are of legal age to form a binding contract with us and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Site.
Changes to the Agreement
We reserve the right to change the Agreement from time to time. If we make any substantial changes, we will notify you by posting a prominent announcement on our home page and by posting the date of the most recent revisions to the Agreement on this page. We urge you to review the Agreement from time to time, as your continued use of the Site indicates your agreement to the revised terms. Any changes to the Agreement will become effective immediately upon being posted on the Site, unless otherwise indicated.
Copyright
All materials, information, images, products, and other works protectable under U.S. or foreign copyright law that are available on this Site (“Content”), including the selection, coordination, arrangement, and enhancement of such Content, are protected by national and international copyright laws. The Center and its licensors retain exclusive ownership and/or rights over all content viewed or accessed on the Site.
Trademarks
Unless otherwise indicated, the design of the Site, and all logos, names, designs, and marks on the Site are trademarks, service marks, or trade dress (collectively, “Trademarks”) of the Center or used under license by the Center. Other product and company names mentioned on the Site may be trademarks or service marks of their respective owners. The unauthorized use of the Trademarks is strictly prohibited.
Patents/Inventions
We also own any material available on the Site that may be a protectable invention, know how, patent, or otherwise (“Inventions”), unless we use them under license.
A Limited Right to Use
You may use the Site and the Content only for lawful purposes and only as expressly permitted in this Agreement, and for no other purpose. The Center allows those users who create an account using the Site to collect in that account certain Content available on the Site (“Collection”) at no charge. Such registered users are granted a limited, nonexclusive license to use their respective Collections for non-commercial purposes, but may not use such Collections in a commercial manner, or to compete with the Center, and also may not sell, license, rent, republish, publicly display or perform the Collection without prior, written permission from the Center. Except where otherwise noted, you may view, download, and print Content on the Site (even if it is not saved in your Collection). For Content not saved in your Collection, you are granted a limited, nonexclusive license for use solely by you for your own personal, noncommercial purposes, and not for sale, license, rent, distribution, republication, reproduction, transmission, public display or performance, preparation of derivative works, or any other exploitation of the Content, in whole or in part. You may not otherwise retrieve data or other Content to create or compile, directly or indirectly, a collection, compilation, database, or directory without the Center’s prior, written authorization. We post copyright, legal, and other proprietary notices on the Site’s Web pages. The notices or credits, along with any Copyright Management Information as defined by the Digital Millennium Copyright Act, must remain intact and must not be removed. The Center may revoke this license at any time. The Center stores the Collections on behalf of its registered users, however, the Center does not represent or warrant that the Collections will be available at any particular time or location, or that the Site will be available without interruption to its users. The Center may delete or destroy the Collections at any time, in its sole discretion. If you wish to obtain a permanent copy of any of the Content, contact the Center at the address below with your request.
Submissions
The Center welcomes your feedback regarding the Content. If you elect to submit content to the Site (“Submissions”), you grant the Center and its licensees the fully sublicensable right to use, reproduce, display, perform, adapt, modify, distribute, and promote the Submissions in any format or medium, whether now known or to be discovered or developed, anywhere, and for any purpose. You acknowledge that the Center’s licensed use of your Submissions includes the right to allow registered users of the Site to include your Submissions in the Collections they may create. You also grant the Center the right to use your name, voice, likeness, image, distinctive appearance, gestures, signature, photograph, and mannerisms (“Right of Publicity”) in connection with its use of your Submissions as described in this Agreement, and in connection with its promotion of your Submissions. Other users of the Site may post comments about your Submissions, or may submit comments about your Submissions to the Center, which may or may not be anonymous. You acknowledge that the Center shall have no liability whatsoever for the content of such posted or submitted comments, and you release the Center from any purported liability for the same. You warrant and represent that you own or otherwise control all of the rights in and to the Submissions, and that the Center’s public posting and use of your Submissions, in whole or in part, will not infringe or violate the rights of any third party. The Center reserves the right to delete all or part of any Submission, for any reason or for no reason at all, without your consent. The Center shall not be obligated to use any of the Submissions. If you post or submit comments about another party’s Submissions or the Content, you acknowledge that your comments may be shared with the author or owner of the Submissions or the Content, and that your comments may be attributed to you. You acknowledge that the Center shall have no liability whatsoever for sharing the content of such posted or submitted comments, and you release the Center from any purported liability for the same.
Prohibited Behavior
Any use of the Content in any manner that may express or imply endorsement, sponsorship, affiliation, or association by the Center is strictly prohibited. You may not post on or transmit through the Site any material that: (i) violates or infringes in any way upon the rights of others; (ii) is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable; (iii) encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law; or (iv) without the Center’s express prior approval, contains advertising or any solicitation with respect to products or services. You also may not submit or transmit any material protected by copyright, trademark, or other proprietary rights without the express permission of the owner of the copyright, trademark, or other proprietary rights for such submissions or transmissions and for the Center’s subsequent use of the material as provided in this Agreement. The burden of determining that such material is not protected by copyright, trademark, or other proprietary rights rests with you.
Links to Third Party Sites
The Site contains links to Web sites operated by third parties (“Third Party Sites”) that are not under the Center’s influence or control. As such, the Center is not responsible for the content of Third Party Sites. We provide links to Third Party Sites only as a courtesy to our visitors, and such links do not imply our endorsement, recommendation or support of any linked Third Party Site, the content on the Third Party Site, any organization sponsoring or participating on the Third Party Site, or any product or service offered through the Third Party Site. Any mention on this Site of products or services provided by third parties is for informational purposes only. The Center makes no representations and assumes no responsibility whatsoever for any third party content, any content that you may access from a Third Party Site through subsequent links, or any content from any Web site from which you may access this Site. This Agreement is only applicable to this Site, and does not apply to linked Third Party Sites. Please review the linked Third Party Site’s terms of use and privacy policies, and if you do not agree to be bound by the terms or policies governing the linked site, we recommend that you terminate your visit to the Third Party Site.
Unauthorized Use and Termination
Unauthorized uses of this Site include unauthorized linking, deep-linking, or framing the Site in a manner that obscures the source of the Content on the Site or otherwise violates the Center’s rights in the Site and in the Content. Any unauthorized use of the Site may result in criminal and/or civil prosecution. The Center reserves the right, in its sole discretion, to terminate your access to all or part of the Site, with or without notice, and for any reason whatsoever.
Disclaimer of Warranties
THE SITE AND ALL CONTENT IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE. YOU USE THIS SITE AND ANY CONTENT YOU CHOOSE TO DOWNLOAD AT YOUR SOLE RISK. THE SITE AND THE CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSLY OR BY IMPLICATION, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE, OTHER THAN THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION UNDER APPLICABLE LAW. NEITHER THE CENTER, NOR ITS EMPLOYEES, OFFICERS, DIRECTORS, MEMBERS, AGENTS, CONSULTANTS, CONTRACTORS, OR LICENSORS, MAKE ANY WARRANTY THAT THE CONTENT OF THE SITE OR ANY SERVICE PROVIDED THROUGH IT, IS ACCURATE, RELIABLE OR CORRECT; THAT THE SITE, OR ANY LINK TO A THIRD PARTY SITE, WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; THAT THE SITE OR THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT YOU WILL ACHIEVE SUCCESSFUL RESULTS FROM FOLLOWING ANY INSTRUCTIONS, DIRECTIONS, OR RECOMMENDATIONS ON THE SITE.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL THE CENTER, OR ITS EMPLOYEES, OFFICERS, DIRECTORS, MEMBERS, AGENTS, CONSULTANTS, CONTRACTORS, OR LICENSORS, BE LIABLE FOR ANY DAMAGES IN LAW OR IN EQUITY, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SITE OR THE CONTENT. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
IF YOU ARE DISSATISFIED WITH THE SITE, THE CONTENT OR WITH THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. YOU ACKNOWLEDGE, BY YOUR USE OF THE CONTENT, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OUR LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
Indemnification
You shall defend, indemnify, and hold the Center and its employees, officers, directors, members, agents, contractors, and licensors harmless from and against any and all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from your use of the Site or the Content, including without limitation, your violation of the Agreement. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you agree to cooperate with us in asserting any available defenses.
International Use
By choosing to access the Site from any location other than the United States, you accept full responsibility for compliance with all local laws that are applicable. The Center makes no representation that materials on the Site are appropriate or available for use in locations outside the United States, and accessing them from territories where such activity is illegal is strictly prohibited.
Security Precautions
The information and services provided through the Site are protected using industry standard security precautions. It is up to you to fully understand the risks and threats of using the Internet, and to be sufficiently aware of those risks to adequately protect your confidential information.
Choice of Law and Remedies
This Agreement shall, for all domestic and international purposes, be governed, interpreted, construed, and enforced solely and exclusively in accordance with the laws of the State of Indiana, U.S.A., without regard to conflicts of law provisions. The exclusive jurisdiction for any claim or action arising out of or relating to this Agreement or your use of the Site shall be only in the state or federal courts located in Marion County, Indiana, and you submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. In any claim or action between you and the Center with respect to this Agreement or the Site, the Center will be entitled to recover its costs and expenses (including attorneys’ fees), in addition to any other remedy available at law, in equity, or otherwise, if the Center is successful in the prosecution or defense of such claim or action.
Entire Agreement
This Agreement constitutes the entire agreement between you and the Center with respect to the Site and supersedes all prior or contemporaneous communications and proposals between us with respect to the Site, whether oral or written. If any provision of this Agreement is determined to be invalid or unenforceable, all other provisions shall remain in full force and effect. The section headings used in this Agreement are for convenience only and shall not be given any legal import.
Digital Millennium Copyright Act Notice and Takedown
If you believe that any materials on the Site infringe your copyright and wish to submit a notice and takedown request to us, please send it to the contact information shown below, and include the following:
Signature: The takedown notice should include the copyright owner’s signature or the signature of the person authorized to act on behalf of the owner (i.e., the owner’s agent). The signature can be in physical or electronic form. Whoever signs the notice should also identify whether they are the copyright owner or agent of the owner.
Identify the Work Infringed: The takedown notice should clearly identify the copyrighted work or works infringed. If multiple copyrighted works are being infringed at a single online site the notice sender does not need to identify every single work, but instead can use a representative list of such works being infringed on the site. The work can be identified by title, or if it is more practical, the notice sender may provide a link to a website or other location where the work is being legally displayed. Some copyright owner attach a copy of the copyrighted work or a copy of the registration form but neither is necessary, despite what some service providers may say they require.
Identify the Infringing Activity and its Location on the Site: The takedown notice should clearly identify the activity that is claimed to be infringing, and information reasonably sufficient to permit the service provider to locate the infringing activity on its site. Typically, notice senders provide the web address (URL) indicating where the infringing activity is being made available. A copy of the infringing material or web page where the infringing material resides can also be attached to assist in the removal.
Contact Information: The takedown notice should contain the notice sender’s contact information. This information should include the notice sender’s email address. An address and/or telephone number may also be included.
Good Faith Belief: The takedown notice should include a statement that the notice sender has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
Accuracy of your Statements: The takedown notice should include a statement that the information in the takedown notice is accurate, and under penalty of perjury, that the notice sender is authorized to act on behalf of the copyright owner. Providing false information and making a false claim is punishable under federal law, and those making false notices can be sued and held civilly liable.
Upon receipt of the above information, the Center will respond expeditiously to remove, or disable access to, the material that is claimed to be infringing or to be the subject of the infringing activity.
Contact Us
We welcome your comments, questions, or concerns. You may contact us at info@centerforcongregations.org or mail or fax your comments or requests to:
Indianapolis Center for Congregations
303 North Alabama Street
Suite 100
Indianapolis, Indiana 46204
FAX: 317.237.7795
email address: contact@thecrg.org
