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AGREEMENT BETWEEN USER AND Branson
United Methodist Church The Branson United Methodist Church Web Site is comprised
of various Web pages operated by Branson United Methodist Church. The Branson United
Methodist Church Web Site is offered to you conditioned on your acceptance without
modification of the terms, conditions, and notices contained herein. Your use of
the Branson United Methodist Church Web Site constitutes your agreement to all such
terms, conditions, and notices.
MODIFICATION OF THESE TERMS OF USE
Branson United Methodist Church reserves the right to change the terms, conditions,
and notices under which the Branson United Methodist Church Web Site is offered,
including but not limited to the charges associated with the use of the Branson
United Methodist Church Web Site.
LINKS TO THIRD PARTY SITES
The Branson United Methodist Church Web Site may contain links to other Web Sites
("Linked Sites"). The Linked Sites are not under the control of Branson United Methodist
Church and Branson United Methodist Church is not responsible for the contents of
any Linked Site, including without limitation any link contained in a Linked Site,
or any changes or updates to a Linked Site. Branson United Methodist Church is not
responsible for webcasting or any other form of transmission received from any Linked
Site. Branson United Methodist Church is providing these links to you only as a
convenience, and the inclusion of any link does not imply endorsement by Branson
United Methodist Church of the site or any association with its operators.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Branson United Methodist Church Web Site, you
warrant to Branson United Methodist Church that you will not use the Branson United
Methodist Church Web Site for any purpose that is unlawful or prohibited by these
terms, conditions, and notices. You may not use the Branson United Methodist Church
Web Site in any manner which could damage, disable, overburden, or impair the Branson
United Methodist Church Web Site or interfere with any other party's use and enjoyment
of the Branson United Methodist Church Web Site. You may not obtain or attempt to
obtain any materials or information through any means not intentionally made available
or provided for through the Branson United Methodist Church Web Sites.
USE OF COMMUNICATION SERVICES
The Branson United Methodist Church Web Site may contain bulletin board services,
chat areas, news groups, forums, communities, personal web pages, calendars, and/or
other message or communication facilities designed to enable you to communicate
with the public at large or with a group (collectively, "Communication Services"),
you agree to use the Communication Services only to post, send and receive messages
and material that are proper and related to the particular Communication Service.
By way of example, and not as a limitation, you agree that when using a Communication
Service, you will not:
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such
as rights of privacy and publicity) of others.
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory,
infringing, obscene, indecent or unlawful topic, name, material or information.
- Upload files that contain software or other material protected by intellectual
property laws (or by rights of privacy of publicity) unless you own or control the
rights thereto or have received all necessary consents.
- Upload files that contain viruses, corrupted files, or any other similar software
or programs that may damage the operation of another's computer.
- Advertise or offer to sell or buy any goods or services for any business purpose,
unless such Communication Service specifically allows such messages.
- Conduct or forward surveys, contests, pyramid schemes or chain letters.
- Download any file posted by another user of a Communication Service that you know,
or reasonably should know, cannot be legally distributed in such manner.
- Falsify or delete any author attributions, legal or other proper notices or proprietary
designations or labels of the origin or source of software or other material contained
in a file that is uploaded.
- Restrict or inhibit any other user from using and enjoying the Communication Services.
- Violate any code of conduct or other guidelines which may be applicable for any
particular Communication Service.
- Harvest or otherwise collect information about others, including e-mail addresses,
without their consent.
- Violate any applicable laws or regulations. Branson United Methodist Church has
no obligation to monitor the Communication Services. However, Branson United Methodist
Church reserves the right to review materials posted to a Communication Service
and to remove any materials in its sole discretion.
Branson United Methodist Church reserves the right to terminate your access to any
or all of the Communication Services at any time without notice for any reason whatsoever.
Branson United Methodist Church reserves the right at all times to disclose any
information as necessary to satisfy any applicable law, regulation, legal process
or governmental request, or to edit, refuse to post or to remove any information
or materials, in whole or in part, in Branson United Methodist Church's sole discretion.
Always use caution when giving out any personally identifying information about
yourself or your children in any Communication Service. Branson United Methodist
Church does not control or endorse the content, messages or information found in
any Communication Service and, therefore, Branson United Methodist Church specifically
disclaims any liability with regard to the Communication Services and any actions
resulting from your participation in any Communication Service.
Managers and hosts are not authorized Branson United Methodist Church spokespersons,
and their views do not necessarily reflect those of Branson United Methodist Church.
Materials uploaded to a Communication Service may be subject to posted limitations
on usage, reproduction and/or dissemination. You are responsible for adhering to
such limitations if you download the materials.
MATERIALS PROVIDED TO Branson United Methodist Church OR POSTED AT ANY Branson United
Methodist Church WEB SITE Branson United Methodist Church does not claim ownership
of the materials you provide to Branson United Methodist Church (including feedback
and suggestions) or post, upload, input or submit to any Branson United Methodist
Church Web Site or its associated services (collectively "Submissions"). However,
by posting, uploading, inputting, providing or submitting your Submission you are
granting Branson United Methodist Church, its affiliated companies and necessary
sublicensees permission to use your Submission in connection with the operation
of their Internet businesses including, without limitation, the rights to: copy,
distribute, transmit, publicly display, publicly perform, reproduce, edit, translate
and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided
herein. Branson United Methodist Church is under no obligation to post or use any
Submission you may provide and may remove any Submission at any time in Branson
United Methodist Church's sole discretion. By posting, uploading, inputting, providing
or submitting your Submission you warrant and represent that you own or otherwise
control all of the rights to your Submission as described in this section including,
without limitation, all the rights necessary for you to provide, post, upload, input
or submit the Submissions.
LIABILITY DISCLAIMER THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED
IN OR AVAILABLE THROUGH THE Branson United Methodist Church WEB SITE MAY INCLUDE
INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION
HEREIN. Branson United Methodist Church AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS
AND/OR CHANGES IN THE Branson United Methodist Church WEB SITE AT ANY TIME. ADVICE
RECEIVED VIA THE Branson United Methodist Church WEB SITE SHOULD NOT BE RELIED UPON
FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE
PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
Branson United Methodist Church AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT
THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION,
SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE Branson United
Methodist Church WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE
LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE
PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND.
Branson United Methodist Church AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES
AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND
RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Branson United Methodist Church AND/OR
ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL,
CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES
FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE
USE OR PERFORMANCE OF THE Branson United Methodist Church WEB SITE, WITH THE DELAY
OR INABILITY TO USE THE Branson United Methodist Church WEB SITE OR RELATED SERVICES,
THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE,
PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE Branson United Methodist
Church WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE Branson United Methodist
Church WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR
OTHERWISE, EVEN IF Branson United Methodist Church OR ANY OF ITS SUPPLIERS HAS BEEN
ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT
ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES,
THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION
OF THE Branson United Methodist Church WEB SITE, OR WITH ANY OF THESE TERMS OF USE,
YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE Branson United Methodist
Church WEB SITE. SERVICE CONTACT : webmaster@bransonumc.org
TERMINATION/ACCESS RESTRICTION
Branson United Methodist Church reserves the right, in its sole discretion, to terminate
your access to the Branson United Methodist Church Web Site and the related services
or any portion thereof at any time, without notice. GENERAL To the maximum extent
permitted by law, this agreement is governed by the laws of the State of Washington,
U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts
in King County, Washington, U.S.A. in all disputes arising out of or relating to
the use of the Branson United Methodist Church Web Site. Use of the Branson United
Methodist Church Web Site is unauthorized in any jurisdiction that does not give
effect to all provisions of these terms and conditions, including without limitation
this paragraph. You agree that no joint venture, partnership, employment, or agency
relationship exists between you and Branson United Methodist Church as a result
of this agreement or use of the Branson United Methodist Church Web Site. Branson
United Methodist Church's performance of this agreement is subject to existing laws
and legal process, and nothing contained in this agreement is in derogation of Branson
United Methodist Church's right to comply with governmental, court and law enforcement
requests or requirements relating to your use of the Branson United Methodist Church
Web Site or information provided to or gathered by Branson United Methodist Church
with respect to such use. If any part of this agreement is determined to be invalid
or unenforceable pursuant to applicable law including, but not limited to, the warranty
disclaimers and liability limitations set forth above, then the invalid or unenforceable
provision will be deemed superseded by a valid, enforceable provision that most
closely matches the intent of the original provision and the remainder of the agreement
shall continue in effect. Unless otherwise specified herein, this agreement constitutes
the entire agreement between the user and Branson United Methodist Church with respect
to the Branson United Methodist Church Web Site and it supersedes all prior or contemporaneous
communications and proposals, whether electronic, oral or written, between the user
and Branson United Methodist Church with respect to the Branson United Methodist
Church Web Site. A printed version of this agreement and of any notice given in
electronic form shall be admissible in judicial or administrative proceedings based
upon or relating to this agreement to the same extent an d subject to the same conditions
as other business documents and records originally generated and maintained in printed
form. It is the express wish to the parties that this agreement and all related
documents be drawn up in English.
COPYRIGHT AND TRADEMARK NOTICES:
All contents of the Branson United Methodist Church Web Site are: Copyright 2005-2006
Branson United Methodist Church and/or its suppliers. All rights reserved. TRADEMARKS
The names of actual companies and products mentioned herein may be the trademarks
of their respective owners. The example companies, organizations, products, people
and events depicted herein are fictitious. No association with any real company,
organization, product, person, or event is intended or should be inferred. Any rights
not expressly granted herein are reserved.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed
copyright infringement under United States copyright law should be sent to Service
Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE
WILL RECEIVE NO RESPONSE. See Notice and Procedure for Making Claims of Copyright
Infringement.
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