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Terms
of Use
(Updated February
23, 2007)
BY ACCESSING
AND USING THE RESTRICTED AREA, YOU ARE AGREEING TO BE LEGALLY BOUND BY THESE
TERMS OF USE.
AREAS THAT REQUIRE REGISTRATION FOR ACCESS
Certain areas of The Lockman Foundation Web Site require registration before
authorized access is granted (hereinafter “Restricted Area”). You may not access
these areas unless you have registered with us to do so. By registering in these
areas, you are representing to The Lockman Foundation that you are at least
18 years old (or the minimum legal age in the jurisdiction in which you are
viewing The Restricted Area).
The Lockman Foundation provides access to the Restricted Area, subject to the
following Terms of Use (hereinafter “TOU”), which may be changed by us at any
time without notice to you. You can review the most current version of the TOU
at any time and your use of the Restricted Area after any changes have been
posted to the TOU will constitute your agreement to the current TOU. Therefore,
you should read these TOU each time before you begin using the Restricted Area.
YOUR REGISTRATION OBLIGATIONS
In consideration for your use of the Restricted Area, you agree to: (a) provide
true, accurate, current and complete information about yourself as prompted
by the registration form (such information hereinafter "Registration Data")
and, if Registration Data updating is possible in a Restricted Area, (b) maintain
and promptly update the Registration Data to keep it true, accurate, current
and complete. If you provide any information that is untrue, inaccurate, not
current or incomplete, or The Lockman Foundation has reasonable grounds to suspect
that such information is untrue, inaccurate, not current or incomplete, The
Lockman Foundation has the right to suspend or terminate your account and refuse
any and all current or future use of the Restricted Area (or any portion thereof).
THE LOCKMAN FOUNDATION PRIVACY POLICY
We take your privacy very seriously. Registration Data and any personal information
about you is not transferred to any other organization or person for any purpose.
We may use your contact information to get in touch with you about additional
services, news, or special offers on this site and on our related sites. Any
email we send will include a Web link to remove your email address from future
emailing.
MEMBER ACCOUNT, PASSWORD AND SECURITY
You may receive a password and account designation upon completing a registration
process for certain Restricted Areas. You are responsible for maintaining the
confidentiality of the password and account, and are fully responsible for all
activities that occur under your password or account. You agree to (a) immediately
notify The Lockman Foundation of any unauthorized use of your password or account
or any other breach of security, and (b) ensure that you exit from your account
at the end of each session. The Lockman Foundation cannot and will not be liable
for any loss or damage arising from your failure to comply with this paragraph.
You agree that The Lockman Foundation without notice, in its sole discretion,
may terminate your password, account (or any part thereof) or any use of The
Restricted Area, and/or bar any further access to such files or the Forum, and/or
remove and/or discard any Postings within The Restricted Area, for any reason.
If your account is terminated you may not re-register under a different user screen name.
Further, you agree that The Lockman Foundation shall not be liable to you or
any third-party for any termination of your access to any part of The Restricted
Area.
FORUMS
Certain areas of the Restricted Area enable you to access online forums where
you can post messages and read messages posted by other users (hereinafter "Forums").
Such postings may contain data, text, software, music, sound, photographs, graphics,
video, messages, external links or other materials (hereinafter "Postings").
The Lockman Foundation may provide some of the Forums Postings and users create
other Postings. The Lockman Foundation does not endorse, and specifically disclaims
any responsibility or liability for, any Postings posted on the Forums, whether
the Postings are provided by The Lockman Foundation or a user. The mention of
another party, product, or service on the Forums should not be construed as
an endorsement by The Lockman Foundation.
You understand and agree that the Forums are provided "AS-IS" and
that Lockman assumes no responsibility for the timeliness, deletion, mis-delivery
or failure to store any user communications or personalization settings.
You acknowledge that The Lockman Foundation does not pre-screen Postings nor
is under any obligation to do so, but that The Lockman Foundation and its designees
shall have the right (but not the obligation) in their sole discretion to edit,
refuse, remove, or move any Postings that are available via the Forum.
FORUMS - MEMBER CONDUCT
You understand that all Postings, whether publicly posted or privately transmitted,
are the sole responsibility of the person from which such Postings originated.
This means that you, and not The Lockman Foundation, are entirely responsible
for all Postings that you upload, post, email or otherwise transmit via the
Forum. The Lockman Foundation does not control the Postings posted via the Forum
and, as such, does not guarantee the accuracy, integrity or quality of such
Postings. You understand that by using the Forum, you may be exposed to Postings
that are offensive, indecent or objectionable. Under no circumstances will The
Lockman Foundation be liable in any way for any Postings, including, but not
limited to, any errors or omissions in any Postings, any loss or damage of any
kind incurred as a result of the use of any Postings posted, emailed or otherwise
transmitted via the Forum.
You must abide by the following rules in connection with your use of the Forums:
* Postings must be Biblically based and not opposing the Bible's sole authority (sola Scriptura),
Christianity, or the deity of Jesus Christ.
* Limit content that contains known denominational biases that produce potential
strife and undue conflict.
* Do not push your denominational bias or engage in debates.
* You agree to interact with each other in a Christian spirit, with respect
and grace.
* You understand that the Forum does not provide the advantage of live, personal
interaction. Therefore, the use of humor or extreme brevity in a written message
could sometimes be misunderstood and, at times, cause frustration, discouragement
or conflict with others and should therefore be avoided.
* Let your speech always be with grace, as though seasoned with salt, so that
you will know how you should respond to each person. (Colossians 4:6)
* You agree to post
only messages that relate to the subject matter and intended purpose of the
Forum as determined by Lockman.
* You agree not to post, email or otherwise transmit any Postings that are unlawful,
harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene,
libelous, invasive of another's privacy, hateful, or racially, ethnically or
otherwise objectionable.
* You agree not to impersonate any person or entity or falsely state or otherwise
misrepresent your affiliation with a person or entity.
* You agree not to post, email or otherwise transmit any Postings that you do
not have a right to transmit.
* You agree not to post, email or otherwise transmit any Postings that infringes
any patent, trademark, trade secret, copyright or other proprietary rights ("Rights")
of any party.
* You agree not to post, email or otherwise transmit any unsolicited or unauthorized
advertising, promotional materials, "junk mail," "spam,"
"chain letters," "pyramid schemes," or any other form of
solicitation.
* You agree not to "stalk" or otherwise harass another; or collect
or store personal data about other users.
* You agree that you must evaluate, and bear all risks associated with, the
use of any Postings, including any reliance on the accuracy, completeness, or
usefulness of such Postings. In this regard, you acknowledge that you may not
rely on any Postings created by The Lockman Foundation or submitted to The Lockman
Foundation, including without limitation information in The Lockman Foundation
Forums.
You acknowledge and agree that The Lockman Foundation may preserve Postings
and may also disclose Postings if required to do so by law or in the good faith
belief that such preservation or disclosure is reasonably necessary to: (a)
comply with legal process; (b) enforce the TOU; (c) respond to claims that any
Postings violate the rights of third-parties; or (d) protect the rights, property,
or personal safety of The Lockman Foundation, its users and the public.
FORUMS - POSTINGS POSTED TO THE LOCKMAN FOUNDATION FORUM
(a) By providing Content to this web site by any means or engaging in any other
form of communication through this web site, you are granting The Lockman Foundation
a worldwide, perpetual, royalty-free and irrevocable right and license to use,
reproduce, modify, adapt, publish, translate, distribute, transmit, publicly
display, publicly perform, sublicense, create derivative works from, transfer,
and sell any such Content (in whole or part) and/or to incorporate it in other
works in any form, media, or technology now known or later developed; (More
information)
(b) you warrant and
represent that you have all legal, moral, and other rights that may be necessary
to grant us with the license set forth in this Section;
(c) you acknowledge and agree that we shall have the right (but not obligation),
in our sole discretion, to refuse to publish or to remove or block access to
any Content you provide at any time and for any reason, with or without notice.
FORUMS - VIOLATIONS
If you believe that any Postings in the Forum violates these TOU, we encourage
you to contact The Lockman Foundation and provide the applicable posting. The Lockman Foundation cannot guarantee
that any action will be taken as a result of your email.
FORUMS - INDEMNITY
You agree to indemnify and hold The Lockman Foundation, and its subsidiaries,
affiliates, officers, agents, co-branders or other partners, and employees,
harmless from any claim or demand, including reasonable attorneys' fees, made
by any third party due to or arising out of Postings you submit to the Forum
on The Restricted Area, your use of any part of Postings on the Forum, your
connection to any part of the Forum, your violation of the TOU, or your violation
of any rights of another.
MODIFICATIONS TO THE RESTRICTED AREA
The Lockman Foundation reserves the right at any time and from time to time
to modify or discontinue, temporarily or permanently, The Restricted Area (or
any part thereof) with or without notice. You agree that The Lockman Foundation
shall not be liable to you or to any third party for any modification, suspension
or discontinuance of The Restricted Area.
COPYRIGHT AND LIMITATIONS ON USE
The content displayed in The Restricted Area (hereinafter “Content”) is the
property of The Lockman Foundation or its licensors and is protected by copyright
and other intellectual property laws. The Restricted Area and the Content may
only be used for your personal and noncommercial use. You agree not to reproduce,
retransmit, distribute, disseminate, sell, publish, broadcast or circulate the
Content to anyone, including but not limited to others in the your company or
organization, without the express prior written consent of The Lockman Foundation,
with this one exception:
1. You may, on an occasional basis, disseminate an insubstantial portion of
Content from The Restricted Area, for noncommercial purposes, without charge,
to a limited number of individuals, provided you include all copyright and other
proprietary rights notices with such portion of the Content in the same form
in which the notices appear in The Restricted Area, original source attribution,
and the phrase "Used with permission from The Lockman Foundation. http://www.Lockman.org".
If there is not any specific copyright notice provided as applying to the content
you are reproducing use the notice “Copyright by The Lockman Foundation. Used
with permission. http://www.Lockman.org”. You may not modify the Content and
you shall be fully responsible for any consequences resulting from such use
of Content.
LINKS TO OTHER WEB SITES
The Restricted Area, third parties, or Advertisers may provide links to other
World Wide Web sites or resources. Because The Lockman Foundation has no control
over such sites, resources, third parties, or Advertisers you acknowledge and
agree that The Lockman Foundation is not responsible for the availability of
such external sites or resources, and does not endorse and is not responsible
or liable for any Content, advertising, products, or other materials on or available
from such sites or resources. You further acknowledge and agree that The Lockman
Foundation shall not be responsible or liable, directly or indirectly, for any
damage or loss caused or alleged to be caused by or in connection with use of
or reliance on any such Content, goods or services available on or through any
such site or resource.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE RESTRICTED AREA IS AT YOUR SOLE RISK. THE RESTRICTED AREA IS
PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE LOCKMAN
FOUNDATION EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
THE LOCKMAN FOUNDATION MAKES NO WARRANTY THAT 1) THE RESTRICTED AREA WILL MEET
YOUR REQUIREMENTS, 2) THE RESTRICTED AREA WILL BE UNINTERRUPTED, TIMELY, SECURE,
OR ERROR-FREE, 3) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE RESTRICTED
AREA WILL BE ACCURATE OR RELIABLE, 4) THE QUALITY OF ANY PRODUCTS, SERVICES,
INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE RESTRICTED
AREA WILL MEET YOUR EXPECTATIONS, AND 5) ANY ERRORS IN THE SOFTWARE WILL BE
CORRECTED.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE
LOCKMAN FOUNDATION OR THROUGH OR FROM THE RESTRICTED AREA SHALL CREATE ANY WARRANTY
NOT EXPRESSLY STATED IN THE TOU.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE LOCKMAN FOUNDATION SHALL NOT BE
LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY
DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL,
USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE LOCKMAN FOUNDATION HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: 1) THE USE OR THE
INABILITY TO USE THE RESTRICTED AREA; 2) THE COST OF PROCUREMENT OF SUBSTITUTE
GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED
OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM
THE RESTRICTED AREA; 3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS
OR DATA; 4) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE RESTRICTED AREA;
OR 5) ANY OTHER MATTER RELATING TO THE RESTRICTED AREA.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION
OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY,
SOME OF THE ABOVE LIMITATIONS UNDER THIS TITLE, THE DISCLAIMER OF WARRANTIES,
MAY NOT APPLY TO YOU.
GENERAL INFORMATION
The TOU constitute the entire agreement between you and The Lockman Foundation
and govern your use of The Restricted Area, superceding any prior agreements
between you and The Lockman Foundation. The TOU and the relationship between
you and The Lockman Foundation shall be governed by the laws of the State of
California without regard to its conflict of law provisions. You and The Lockman
Foundation agree to submit to the personal and exclusive jurisdiction of the
courts located within the county of Orange, California. The failure of The Lockman
Foundation to exercise or enforce any right or provision of the TOU shall not
constitute a waiver of such right or provision. If any provision of the TOU
is found by a court of competent jurisdiction to be invalid, the parties nevertheless
agree that the court should endeavor to give effect to the parties' intentions
as reflected in the provision, and the other provisions of the TOU remain in
full force and effect. You agree that regardless of any statute or law to the
contrary, any claim or cause of action arising out of or related to use of The
Restricted Area or the TOU must be filed within one (1) year after such claim
or cause of action arose or be forever barred.
The section titles in the TOU are for convenience only and have no legal or
contractual effect.
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