TERMS & CONDITIONS
Terms & Conditions
Terms and Conditions Last updated: (add date)
Please read these Terms and Conditions carefully before using the allsoulsnyc.org website and the All Souls NYC mobile application operated by ChurchBase™.
Your access to and use of this mobile application is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using this mobile application you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access this mobile application.
LINKS TO OTHER WEBSITES
This mobile application may contain links to third-party web sites or services that are not owned or controlled by UNITARIAN CHUCH OF ALL SOULS.
UNITARIAN CHUCH OF ALL SOULS has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that UNITARIAN CHUCH OF ALL SOULS 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 web sites or services.
CHANGES
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 (change this) days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
CONTACT US
If you have any questions about these Terms, please contact us.
AGREEMENT TO TERMS AND CONDITIONS OF USE
Unitarian Church of All Souls (“AS”) owns and/or maintains the https://allsoulsnyc.org website. This website is referred to in these Terms and Conditions of Use (the “Terms of Use”) as the “Site”. BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.
AS reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes.
Fair Use Rights
Nothing in these Terms of Use is intended to reduce, limit, or restrict any rights arising from fair use, first sale or other limitations on the exclusive rights of the copyright owner under copyright law or other applicable laws.
Content
All sermons, articles, blog posts, text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to AS, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, website, television, video projector or other medium for publication or distribution or for any religious use or commercial enterprise, without AS’s express prior written consent.
You may use and share, through social media web sites, sermons, articles, blogs and other material purposely made available by AS for downloading from the Site, provided that you (1) do not remove any proprietary notice language included on, or incorporated into, such material, (2) use such material only for your personal, non-commercial informational purpose and, except to share through social media web sites (e.g., Twitter, Facebook, etc.), do not copy or post such material on any networked computer or broadcast it in any media, (3) make no cuts or modifications to any such material or make any derivative works from any materials and (4) not make any additional representations or warranties relating to such material.
Under no circumstances (i) may you exercise any of the rights granted to you in these Terms of Use in any manner that is primarily intended for or directed toward commercial advantage or private monetary compensation or (ii) represent or hold your organization out as a Unitarian Church of All Souls affiliated campus or church. Nothing in these Terms of Use shall be construed to place the parties in a partnership or joint venture together.
Copyright Information
A copyright is a property right in an original work of authorship. Copyright is recognized in most countries of the world by statutory copyright laws. Copyright exists in the expression of an idea, but not the idea itself. Copyrightable expressions can take many forms but are usually categorized as literary, musical, dramatic, pantomime and choreography, pictorial, graphic, sculptural, computer programs, motion pictures, and sound recordings.
Unless otherwise provided on the Site, all sermons, lectures or other teachings, in any format, and all articles and blogs contained on the Site are copyright protected material owned by the author of such material and made available on the Site through a license granted by the author to AS.
If you have any questions concerning the usage or licensing of material or other Content contained on the Site, please submit your questions in writing to our Communications Team at [email protected].
Use of Material Supplied by You
You agree that upon posting information or text on the website, you grant AS, and its successors and assigns, a non-exclusive, worldwide, royalty free, perpetual, irrevocable, sublicenseable (through multiple tiers) license to your copyrights, publicity rights, or other intellectual property rights, if any, in such material and over the material or User Data displayed in your postings, to use, distribute, display, transmit, reproduce, and create derivative works from such material in any and all media existing now or in the future, in any manner, in whole or part, without any duty to account to you. For the purpose of this agreement, “User Data” shall mean all information (if any) submitted by you, to AS with the exception of credit card numbers, etc. The User Data shall be deemed to be the property of AS. You also grant AS the right to authorize the downloading and printing of such material, or any portion thereof, by end users for their personal use.
If you have any questions regarding this policy please contact:
Unitarian Church of All Souls
1157 Lexington Avenue
New York, NY 10075
Trademarks
AS owns various trademarks, including graphics, logos, service marks, trade dress, and U.S. trademark registrations. AS’s trademarks and trade dress may not be used in connection with any product or service that does not originate from AS, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits AS. By using this Site, you acknowledge the validity of the AS marks.
Your Use of the Site
You may not use any “deep-link”, “page-scrape”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. AS reserves the right to bar any such activity.
You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any AS server, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means.
You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site.
You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, including any AS account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.
You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or AS’s systems or networks, or any systems or networks connected to the Site or to AS.
You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.
You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to AS on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity, including a fictitious entity or individual.
You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of AS or others.
Accounts, Passwords and Security
Certain features or services offered on or through the Site may require you to open an account (including setting up a password). You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all my.yahoo.comactivity that occurs under your account as a result of your failure to keep this information secure and confidential. You agree not to allow others to use your account or password. You agree to notify AS immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by AS or any other user of or visitor to the Site due to someone else using your AS username, password or account as a result of your failing to keep your account information secure and confidential.
You may not use anyone else’s AS username, password or account at any time without the express permission and consent of the holder of that AS username, password or account. AS cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
Privacy
AS’s Privacy Policy applies to use of this Site, and its terms are made a part of these Terms of Use by this reference. To view AS’s Privacy Policy, click here. Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.
Links to Other Sites and to the AS Site
This Site may contain links to other independent third-party Web sites (“Linked Sites”). These Linked Sites are provided solely as a convenience to our visitors. Linked Sites are not under AS’s control, and AS is not responsible for and does not endorse the content of Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.
Disclaimers
AS DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. YOU ACKNOWLEDGE AND AGREE THAT FROM TIME TO TIME, WITHOUT NOTICE, AS MAY MODIFY, SUSPEND OR TERMINATE OPERATION OF OR ACCESS TO THE SITE, OR ANY PORTION OF THE SITE, FOR ANY REASON; (2) MODIFY OR CHANGE THE SITE, OR ANY PORTION OF THE SITE, AND ANY APPLICABLE POLICIES OR TERMS; AND (3) INTERRUPT THE OPERATION OF THE SITE, OR ANY PORTION OF THE SITE, AS NECESSARY TO PERFORM ROUTINE OR NON-ROUTINE MAINTENANCE, ERROR CORRECTION, OR OTHER CHANGES.
YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SITE IS AT YOUR SOLE RISK. AS DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. AS CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF COMPUTER VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. AS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU. AS DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY AS SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST AS FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
Limitation of Liability
IN NO CASE SHALL AS, ITS ELDERS, DEACONS, DIRECTORS, OFFICERS, EMPLOYEES, VOLUNTEERS, AFFILIATES, AGENTS, CONTRACTORS, LICENSEES OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF ANY OF THE SITE OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, AS’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
AS SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU ON THE SITE, BUT YOU AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND AS HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.
Indemnity
BY USING THE SITE, YOU AGREE, TO THE EXTENT PERMITTED BY LAW, TO INDEMNIFY AND HOLD AS, ITS ELDERS, DEACONS, DIRECTORS, OFFICERS, EMPLOYEES, VOLUNTEERS, AFFILIATES, AGENTS, CONTRACTORS, LICENSEES, AND LICENSORS HARMLESS WITH RESPECT TO ANY CLAIMS ARISING OUT OF YOUR BREACH OF THIS AGREEMENT, YOUR USE OF THE SITE, OR ANY ACTION TAKEN BY AS AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF ITS FINDING OR DECISION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS MEANS THAT YOU CANNOT SUE OR RECOVER ANY DAMAGES FROM AS, ITS ELDERS, DEACONS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS AS A RESULT OF ITS DECISION TO REMOVE OR REFUSE TO PROCESS ANY INFORMATION OR CONTENT, TO WARN YOU, TO SUSPEND OR TERMINATE YOUR ACCESS TO THE SITE, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF AS’S CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS WAIVER AND INDEMNITY PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THIS AGREEMENT.
Violation of These Terms of Use
AS may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) AS’s rights or property, or the rights or property of visitors to or users of the Site. AS reserves the right at all times to disclose any information that AS deems necessary to comply with any applicable law, regulation, legal process or governmental request. AS also may disclose your information when AS determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
You acknowledge and agree that AS may preserve any transmittal or communication by you with AS through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or if AS determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights (including intellectual property rights), property or personal safety of AS, its employees, its volunteers, and users of or visitors to the Site, and the public, or (5) for any reason in our sole discretion.
You agree that AS may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to AS, for which monetary damages would be inadequate, and you consent to AS obtaining any injunctive or equitable relief that AS deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies AS may have at law or in equity.
You agree that AS may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems. AS may also, in its sole discretion and without prior notice, terminate your access to the Site for any reason or for no reason whatsoever.
If AS does take any legal action against you as a result of your violation of these Terms of Use or any misuse of the Site or information thereon, AS will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to AS. You agree that AS will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms of Use.
Governing Law; Dispute Resolution
You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the Federal Arbitration Act, by the laws of the United States and by the laws of the State of New York without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in New York County, New York, and waive any objection to such jurisdiction or venue. In the event of any controversy or dispute between AS and you arising out of or in connection with your use of the Site, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.
For California Residents only. Unitarian Church of All Souls seeks to comply with New York law. Any questions regarding the use of personal information for marketing purposes can be directed to Unitarian Church of All Souls at [email here].
Void Where Prohibited
AS administers and operates the Site from its location in New York, New York, USA. If you choose to access the Site from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.
Miscellaneous
You may not use or export or re-export any Content or any copy or adaptation of such Content in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.
If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect. These Terms of Use constitute the entire agreement between you and AS with regard to your use of the Site, and any and all other written or oral agreements or understandings previously existing between you and AS with respect to such use are hereby superseded and cancelled. AS will not accept any counter-offers to these Terms of Use, and all such offers are hereby categorically rejected. AS’s failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by AS of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between AS and you or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.
Feedback and Information
Any feedback you provide at this site shall be deemed to be non-confidential. AS shall be free to use such information on an unrestricted basis.
The information contained in this website is subject to change without notice. Copyright © 2023 Unitarian Church of All Souls. All rights reserved.
Updated by Unitarian Church of All Souls on March 8, 2013
Terms of Use
CAREFULLY READ AND REVIEW THE NOTICES, DISCLAIMERS, LIMITATIONS, TERMS, PROVISIONS AND CONDITIONS SET FORTH HEREIN BELOW AND IN THE PRIVACY POLICY (CLICK ON THE PRIVACY POLICY LINK TO GO DIRECTLY TO THE PRIVACY POLICY) BEFORE USING THIS SITE OR ITS FEATURES IN WHOLE OR IN PART (THESE TERMS, INCLUDING, BUT NOT LIMITED TO THE PRIVACY POLICY, ARE HEREINAFTER REFERRED TO AS “TERMS OF USE”). ANY USER WHO ACCEPTS, ASSENTS AND AGREES TO BE BOUND BY THE FOLLOWING TERMS OF USE IS WELCOME TO USE THIS SITE AND ITS FEATURES, SUBJECT TO SAID TERMS OF USE.
AS USED IN THESE TERMS OF USE, WHETHER ABOVE OR BELOW, THIS “SITE” (INCLUDING WITHOUT LIMITATION THE WORD “SITE” WITH THE LETTER “S” CAPITALIZED AND THE REST OF THE LETTERS OF “SITE” IN LOWER CASE) SHALL INCLUDE THIS WEBSITE AND ALL WEBSITES OWNED OR CONTROLLED BY PERFECTING FAITH CHURCH (HEREIN REFERRED TO AS “CHURCH”), AND SHALL INCLUDE WITHOUT LIMITATION ALL APPLICATIONS, FEATURES, SERVICES AND INFORMATION ON OR AVAILABLE THROUGH THIS WEBSITE (ALL APPLICATIONS, FEATURES, SERVICES AND INFORMATION HEREINAFTER ALSO REFERRED TO COLLECTIVELY AS THE “SERVICES”).
THIS SITE, AND ALL OF ITS FEATURES AND SERVICES, IS OFFERED AND MADE AVAILABLE TO YOU, AND YOUR USE OF THIS SITE AND ITS FEATURES IN WHOLE OR IN PART, IS SUBJECT TO AND CONDITIONED UPON YOUR ACCEPTANCE AND AGREEMENT AND COMPLIANCE WITH THE TERMS OF USE, WITHOUT QUALIFICATION, LIMITATION OR MODIFICATION. DO NOT USE THIS SITE OR ANY OF ITS FEATURES IN WHOLE OR IN PART IF YOU DO NOT UNDERSTAND AND AGREE TO THE TERMS OF USE WITHOUT QUALIFICATION, LIMITATION OR MODIFICATION. BY USING THIS SITE, INCLUDING WITHOUT LIMITATION VIEWING OR USING ANY OR ALL OF ITS CONTENT OR FEATURES IN WHOLE OR IN PART, YOU SIGNIFY AND ACKNOWLEDGE THAT YOU HAVE READ THE TERMS OF USE AND FULLY AND COMPLETELY UNDERSTAND THEM AND AGREE TO THEM WITHOUT QUALIFICATION, LIMITATION OR MODIFICATION, AND USE OF THIS SITE, INCLUDING WITHOUT LIMITATION VIEWING OR USING ANY OR ALL OF ITS CONTENT OR FEATURES CONSTITUTES ACCEPTANCE, ASSENT AND AGREEMENT WITH, AND A REPRESENTATION AND WARRANTY THAT YOU SHALL COMPLY WITH, THE TERMS HEREOF WITHOUT QUALIFICATION, LIMITATION OR MODIFICATION.
THESE TERMS OF USE APPLY TO YOU, WHETHER YOU ARE AN INDIVIDUAL OR AN ENTITY ACTING BY OR THROUGH YOU AS ITS AUTHORIZED REPRESENTATIVE, OR WHETHER YOU REPRESENT, ACT OR PURPORT TO REPRESENT OR ACT FOR OR ON BEHALF OF ANOTHER PERSON OR ENTITY, OR YOURSELF ALONE. THESE TERMS OF USE APPLY TO YOU IN WHATEVER CAPACITY IN WHICH YOU USE THIS SITE, INCLUDING BUT NOT LIMITED TO CUSTOMERS, MEMBERS OR VISITORS. FOR PURPOSES OF THESE TERMS OF USE, AND USE AND INTERACTION WITH THIS SITE, (A) A CUSTOMER IS AN ORGANIZATION OR PERSON WHO HAS ENTERED INTO A SERVICE AGREEMENT WITH CHURCH AND USES THE SITE AND PROVIDES ACCESS TO THE SITE AS A SERVICE TO OTHERS (HEREINAFTER REFERRED TO AS “CUSTOMER”); CUSTOMER SHALL ALSO INCLUDE WITHOUT LIMITATION AN INDIVIDUAL WHOM A CUSTOMER HAS AUTHORIZED TO INTERACT WITH THE SITE AND WHO IS ALSO SUBJECT TO THESE TERMS OF USE; (B) A MEMBER IS A PERSON WHO HAS REGISTERED TO INTERACT WITH CERTAIN FEATURES OF THE SITE; (C) A VISITOR IS ANY PERSON OR ENTITY WHO VISITS THE SITE FOR ANY REASON WHATSOEVER.
YOU REPRESENT AND WARRANT BY USING THIS SITE THAT YOU ARE AT LEAST 18 YEARS OF AGE, OF SOUND MIND, ARE COMPETENT TO ENTER A LEGALLY BINDING AGREEMENT AND HAVE AUTHORITY TO BIND YOURSELF OR THE PERSON OR ENTITY YOU REPRESENT AND TO BE BOUND HEREBY.
All features on this Site, including but not limited to features which may be accessed without monetary charge, and specifically including without limitation features, information and services which do require subscription and acceptance by Church as a Customer, are subject to and shall be strictly governed by these Terms of Use. In addition, but without limiting the foregoing, certain features offered or made available on or through this Site may be available only to individuals or entities who expressly agree to certain additional specific terms (such as the Apple System), provisions, conditions, notices and disclaimers (hereinafter “Service Agreement” with respect to Customers). Agreement with the Service Agreement shall in no way limit these Terms of Use and shall not limit their universal applicability to use or access of this Site.
At this time, access to this Site and some of its features may be offered free of monetary charge. Because there may be no monetary charge for access to this Site and use of its features, your acceptance of, assent to, and agreement and compliance with, the Terms of Use constitutes consideration for your use and access. Additional consideration is necessary for access or use of the Site or the Services as a Customer, which is set forth more fully in the Service Agreement, but all users are subject to these Terms of Use. Church reserves the right to charge money for access to this Site or any of its content or features in the future.
All applicable provisions of state, federal and local law, equitable principles and regulations are hereby incorporated into these Terms of Use, including without limitation the Service Agreement for Customers, to the same extent as if set forth herein or in the Service Agreement verbatim. The Terms of Use, including without limitation the Service Agreement for Customers, are subject to any and all applicable provisions of state, federal, and local law, equitable principles, regulations, orders, decrees, requests or process of any court, tribunal of competent jurisdiction, or law enforcement authority of or from any jurisdiction, and nothing contained within these Terms of Use, including without limitation the Service Agreement for Customers, shall impair in any way whatsoever Church’s right to comply or govern its actions as and to the extent Church deems necessary with respect to any of same. If a court of competent jurisdiction determines that any term, provision, or condition included within the Terms of Use, in whole or in part violate or do not comply with any applicable law, principle of equity, or regulation and any term, provision or condition included within the Terms of Use, shall be determined by said court to be void, invalid, of no effect, or unenforceable, in whole or in part, for any reason whatsoever, such portion, and any other portion or term, provision or condition affected thereby, shall be construed consistent with applicable law, or be deemed modified solely to the extent necessary, to reflect as nearly as possible the original intentions of the parties, and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with this Site or Church is in conflict with these Terms of Use, these Terms of Use shall take precedence.
INTELLECTUAL PROPERTY
All content on this Site, including, without limitation, any and all materials, information, text, data, contents, names, tradenames, trademarks, trade dress, service marks, lay out, logos, designs, images, graphics, illustrations, artwork, icons, photographs, displays, sound, music, video, animation, organization, assembly, arrangement, and all intellectual property of any kind whatsoever, including, without limitation, the names and designs of Church and all rights therein, is owned exclusively by Church, a New York nonprofit corporation, 311 North Main Street, Freeport, New York 11520 (hereinafter “Church Marks”) or the licensors or suppliers of Church and is protected by U.S. and international copyright and intellectual property laws. All rights are hereby reserved. Without limiting the foregoing, no content on this Site may be copied, reproduced, duplicated, published, or sold, re-sold, transferred, distributed, or exploited in any form or by any means whatsoever without the prior express written permission of Church or the appropriate licensor or supplier. Without limiting the foregoing, neither this Site nor the Services, nor any content or Services on or available on or through this Site, shall be reproduced, duplicated, copied, sold, re-sold, transferred, distributed, or exploited for any commercial purpose.
DISCLAIMERS
Information, data, news and other information contained in or on, or accessible or made available through, this Site is generated or provided by you or third parties and Church makes no representation or warranty of any kind whatsoever as to the accuracy, truthfulness, usefulness, timeliness or completeness of any of the content herein or accessible hereby in whole or in part. Further, any such information, data, news or other information accessible or made available through this Site may contain errors, defects or be unreliable, and Church makes no effort to review, check or verify any news, data, or other information accessible or made available through this Site. Church assumes no responsibility for the accuracy, truthfulness or usefulness of the data, information or other content on this Site or accessible through this Site, and Church shall have no responsibility to correct or update said data, information or content on this Site. You assume full and complete responsibility for checking and verifying any and all data, information, and content, including without limitation its usefulness, truthfulness, accuracy, completeness or currency. You are responsible for checking or verifying the accuracy, completeness, truthfulness, timeliness, usefulness and value to you to whatever extent you deem necessary, in reliance on other advisers, consultants, experts and resources you deem necessary and you shall indemnify and hold Church, its agents, employees, officers, directors, subsidiaries and affiliates harmless from and against any and all liability, loss, damage, claim, cost, expense, including without limitation attorneys and accountants’ fees and costs caused by, or arising out of or related directly or indirectly to your reliance on any content contained on this Site or accessible or made available through this Site.
THE SERVICES, INCLUDING WITHOUT LIMITATION ALL APPLICATIONS, INFORMATION, DATA, FEATURES AND ALL CONTENT, IS OFFERED AND MADE AVAILABLE HEREIN ON AN “AS IS,” “AS AVAILABLE,” BASIS. IN NO EVENT SHALL CHURCH BE LIABLE TO YOU, YOUR COMPANY, EMPLOYEES, AGENTS, THIRD PARTIES, ASSOCIATES, PARTNERS, MEMBERS, GUESTS OR ANYONE ELSE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR INDIRECT DAMAGES OF ANY KIND WHATSOEVER, INCLUDING WITHOUT LIMITATION THOSE RESULTING FROM LOSS OR IMPAIRMENT OF USE, DATA, OR PROFITS, YOU OR ANYONE ELSE MAY INCUR RELATING TO YOUR USE OR ACCESS TO THIS SITE, OR THE USE OR ACCESS HERETO BY ANYONE ELSE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES, AND AS A CONDITION TO USE OR ACCESS ANY SUCH INFORMATION, YOU EXPRESSLY WAIVE ANY AND ALL CLAIMS YOU MAY HAVE OR ASSERT AGAINST CHURCH RELATING DIRECTLY OR INDIRECTLY TO ACCESSING OR USING OR RELIANCE UPON ANY SUCH INFORMATION OR DATA BY YOU OR ANYONE ELSE. THE TERM “DAMAGES’ AS USED HEREIN INCLUDES WITHOUT LIMITATION ANY AND ALL LIABILITY, LOSS, DAMAGE, INJURY, CLAIM, FOUNDED OR UNFOUNDED, EXPENSE, FEE OF ANY KIND, INCLUDING WITHOUT LIMITATION ATTORNEYS OR ACCOUNTANTS FEES.
CHURCH SHALL NOT BE LIABLE FOR ANY DELAY OR NONPERFORMANCE OF THESE TERMS OF USE, OR ANY TERM OR PROVISION HEREOF IN WHOLE OR IN PART, CAUSED BY FORCES OR FACTORS BEYOND ITS REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO WARS, INSURRECTIONS, REBELLIONS, REVOLUTIONS, CIVIL WARS, USURPED POWER, ACTION TAKEN BY GOVERNMENT AUTHORITY IN HINDERING, COMBATING OR DEFENDING AGAINST SUCH OCCURRENCE, OR CONFISCATION BY ORDER OF ANY GOVERNMENT OR PUBLIC AUTHORITY, STRIKES, LOCKOUTS, LABOR DISPUTES OR DISTURBANCES, RIOTS, AUTHORITY OF LAW, ACTS OF GOD, SEVERE WEATHER, COMPUTER HARDWARE OR SOFTWARE PROBLEMS OF ANY KIND OR ANY OTHER CAUSE.
CHURCH MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER REGARDING ANY CONTENT CONTAINED ON THIS SITE, INCLUDING WITHOUT LIMITATION SERVICE, NEWS, DATA, INFORMATION OR CONTENT OF ANY KIND, OF THE USEFULNESS, RELIABILITY, TRUTHFULNESS, ACCURACY, TIMELINESS OR COMPLETENESS TO YOU OR ANYONE ELSE, INCLUDING WITHOUT LIMITATION WARRANTY OF MERCHANTABILITY, WARRANTY OF FITNESS FOR PARTICULAR PURPOSE OR USE, WARRANTY OF NON-INFRINGEMENT, WARRANTY OF TITLE, OR WARRANTY OF ANY KIND.
CHURCH MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND THAT THIS SITE OR ANY CONTENT HEREIN OR AVAILABLE FROM OTHER SITES ACCESSIBLE.
HEREBY, INCLUDING WITHOUT LIMITATION SOFTWARE OR FILES ACCESSIBLE OR MADE AVAILABLE FOR DOWNLOAD HEREFROM, ARE FREE OF OR FROM TECHNOLOGICALLY UNSTABLE FILES OR CHARACTERISTICS, OR BUGS, VIRUSES, ERRORS, DEFECTS, PROBLEMS, TROJAN HORSES, WORMS, OTHER LIMITATIONS OR OTHER CODES OR DEFECTS THAT MAY HAVE CONTAMINATING OR DESTRUCTIVE PROPERTIES OR CHARACTERISTICS OR ADVERSE EFFECTS ON YOUR SOFTWARE OR HARDWARE. YOU ASSUME ALL RISKS AND RESPONSIBILITY FOR USE OR RELIANCE UPON THIS SITE OR ANY INFORMATION OR DATA SET FORTH HEREIN.
IF YOU ARE DISSATISFIED WITH THIS SITE, THE SERVICES, OR ANY FEATURE, APPLICATION OR INFORMATION HEREIN OR ACCESSIBLE HEREFROM, OR ANY OF THE TERMS OF USE, PRIVACY POLICY OR OPERATION OF THE SITE OR ANY OF ITS FEATURES, YOUR SOLE REMEDY SHALL BE TO DISCONTINUE USE OF THE SITE AND ITS FEATURES.
CODE OF CONDUCT
You agree not to use the Services to:
A. Post, place, communicate, send, transmit, disseminate, distribute, forward, upload, reproduce, publish or republish, directly or indirectly (hereinafter referred to collectively as “Post or Transmit”) any information or content of any kind whatsoever, including without limitation data, articles, communications, advice, recommendations, reviews, opinions, news, programming, directories, guides, texts, graphics, photographs, illustrations, logos, audio clips, images, messages, statements, comments, language, software, programs, code, technology or any other content of any kind whatsoever in whatever form or medium (all referred to hereinafter collectively as “Content”), that is in any way i) unlawful or violates or could violate any local, state or federal law, rule, regulation, order, or decree, or gives rise to civil liability, or which encourages or advocates any of the above, or ii) that is offensive or violates the rights or sensibilities of other persons or entities, or iii) is otherwise objectionable or unacceptable to Perfecting Faith Church (hereinafter “Church”) (all of the above hereinafter referred to as “Prohibited Content”), said Prohibited Content including, without limitation, Content which is libelous, defamatory, fraudulent, false, misleading, threatening, harassing, abusive, harmful, malicious, rude, hateful, racist, sexist, discriminatory, obscene, pornographic, profane, vulgar, indecent, crude, or objectionable in any way whatsoever;
B. Use or attempt to use the Services to restrict, inhibit or interfere with any other User or
Representative using or accessing the Site or the Services;
C. Post or Transmit any Content that discloses personal or private information about or concerning, or in any way invades the privacy, publicity or proprietary rights of, any person including, without limitation, a Customer or User of the Site;
D. Post or Transmit any Content that contains or may contain or result in the posting or transmitting of Content that contains or may contain any destructive, disruptive, corrupting, contaminating, or harmful quality, component or feature, including without limitation any virus, worm, cancelbolt, or Trojan Horse;
E. Post or Transmit any content that violates or infringes upon, or may violate or infringe upon, the rights or interests of Church, the Site, Customers, Representatives, Visitors, Users or others, including, without limitation, posting or transmitting without due authorization copyrighted or otherwise protected text, images, property, programs, trade secrets, confidential or proprietary information, intellectual property, or trademarks or service marks;
F. Post or Transmit any solicitation, request, or petition for any vote, political action, chain letter, pyramid scheme or arrangement, investment opportunity, or sale of security;
G. Post or Transmit any advertising, promotional information, commercial solicitation, “spamming,” “flooding,” or content that contains advertising, or exploits any content for a commercial purpose, or sell or offer for sale, rent, lease, or any commercial purpose, any content;
H. Post or Transmit Content containing any request or opportunity to participate in contests, or sweepstakes;
I. Impersonate or misrepresent in any way your affiliation with any other person or entity, including, without limitation, Church or that any Customer, Representative, Visitor or user, or company or employer or affiliate of a Customer, Representative, Visitor or user, or that any Content Posted or Transmitted by you is endorsed or approved by Church.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Site, you warrant to Church that you will not use the Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the 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 Site.
MEMBER ACCOUNT, PASSWORD AND SECURITY
To interact with certain features of the Site, you may choose to or may be required to register. In this event, you will choose a unique password and account designation upon completing the Service’s registration process. In consideration of your use of the Services, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service’s registration form (such information being the “Registration Data”) and (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 Church has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Church has the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof). 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 Church 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. Church cannot and will not be liable for any loss or damage arising from your failure to comply with the provisions hereinabove.
FINANCIAL TRANSACTIONS
By initiating and sending payments through the Service, you appoint Church and the appropriate Church partners as your agent(s) to obtain the funds on your behalf and to transfer the funds to the recipient, subject to the terms and restrictions of these Terms of Use. Church and its partners will obtain the funds per your instructions by debiting a bank account or charging a credit card that you designate. The transaction record on your bank account or credit card statement will indicate the name of the recipient that you designated. When you initiate an ACH transaction through the Services, you are requesting an electronic transfer of funds from your bank account, which Church will execute using the ACH system from your U.S. bank account in the amount you specify. You agree that such requests constitute your authorization for such transfers. Church will never make transfers from your bank account or credit card without your authorization.
TERMINATION/ACCESS RESTRICTION
Church reserves the right, in its sole discretion, to terminate your access to any or all Church
Sites and the related services or any portion thereof at any time, without notice.
LINKS
This Site may contain links to other Internet sites, and without limiting the above, Church does not endorse, vouch for or approve such sites or the content contained therein and is not responsible or liable for said content. You link to other sites at your own risk.
JURISDICTION; GOVERNING LAW
This Site is owned and/or controlled by Church from its offices at 1157 Lexington Avenue, New York NMY 10075. It can be accessed on the Internet from all 50 states, as well as other countries around the world. As each of these places and jurisdictions has laws that may differ from those of New York, by accessing this Site, both you and Church agree that these Terms of Use shall be deemed and treated as though they were entered into, executed, and performed solely in Freeport, New York, and the statutes and laws of the State of New York, without regard for conflict of law rules thereof, apply to all matters relating to use of this Site and shall without limitation govern these Terms of Use. You agree that by use of this Site you do hereby submit to jurisdiction of the courts of New York with appropriate subject matter jurisdiction and that any conflict brought or filed with respect to use of this Site or concerning the Terms of Use shall be brought in a court of competent jurisdiction in Freeport, New York. In any legal action relating to enforcement or breach of these Terms of Use, the prevailing party shall be entitled to recovery of costs, fees and expenses of such action, including without limitation attorney fees and accounting fees. A printed copy of these Terms of Use or part thereof as modified in accordance with the terms hereof from time to time shall be deemed admissible in any court of law or administrative proceeding and shall be deemed the original and the best evidence of the intentions of the parties with respect to use of this Site.
MISCELLANEOUS
These Terms of Use shall be interpreted according to their fair meaning and shall not be interpreted strictly against or for either party. These Terms of Use constitute the entire agreement with respect to the subject matter hereof and supersede all prior or contemporaneous communications and proposals, whether, electronic, oral or written, between Church and the user of this Site. Headings used herein are for convenience only and shall not limit, control or add to the meaning of any term, provision or condition. You may not transfer any rights or obligations you may have under these Terms of Use without the prior written consent of Church. Church reserves the right to transfer these Terms of Use or any right or obligation under these Terms of Use without your consent. Use of the plural herein shall include the singular and use of the singular shall include the plural.
To the fullest extent permitted by applicable law, these Terms of Use and any other agreements, notices or other communications regarding your use of the Services (“Communications”), may be provided to you electronically and you agree to receive all Communications from Church in electronic form. Communications may be posted on the pages within the Site and/or delivered to your e-mail address. You may print a copy of any Communications and retain it for your records. All Communications in either electronic or paper format will be considered to be in “writing,” and to have been received no later than five (5) business days after posting or dissemination, whether or not you have received or retrieved the Communication. Church reserves the right but assumes no obligation to provide Communications in paper format. Your continued use of the Services is your consent to receive Communications electronically. If you revoke your consent to receive Communications electronically, Church will terminate your right to use the Services.
CONTACTING THE WEB SITE
If you have any questions about the Terms of Use, the practices of this Site, or your dealings with this Site, you may contact [email protected]
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Unitarian Church of All Souls
1157 Lexington Avenue
New York, NY 10075
(212) 535-5530
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