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Terms of Use Agreement for the website of Covenant Presbyterian Church:

 

TERMS OF USE

 

These Terms of Use were last updated on June 22, 2018.

 

READ THIS FIRST. This section contains the Terms of Use that govern your use of the Covenant Presbyterian Church website found at www.covenantmadison.org or social media or by otherwise accessing any content found on this website or social media (“Website”). It contains information that you, the “User,” should familiarize yourself with before you use the Website or send information through them. By using the Website the Users are deemed to have entered into an agreement with the owner and operator of the Website, Covenant Presbyterian Church (“Owner”), and to have agreed to be bound by all of the terms set out below.

 

1. Website Content and Intellectual Property Protection.

 

                A. Material on the Website, including but not limited to, text, software, code,

                graphics, photographs, charts, images, data, audio and video (collectively, the

                "Materials"), is owned by the Owner or third-party licensors. The Owner and/or

                third-party licensors retain all proprietary rights to the Materials, including all

                intellectual property rights associated therewith (e.g., copyrights, patents,

                trademarks, trade secrets and know-how). Unless otherwise indicated on the

                Website, Users may download one copy of the Materials for personal,

                noncommercial use and/or printing copies of the Materials for such use, but Users

                may not sell, modify, reproduce, display, publicly perform, prepare derivative

                works based upon, distribute or otherwise use the Materials in any way without

                first obtaining the written permission of the Owner.

                Requests for permission for uses not authorized by these Terms of Use may be sent to:

               

                                Covenant Presbyterian Church

                                326 S Segoe Road

                                Madison, WI 53705

 

                                Or e-mailed to info@covenantmadison.org

 

                B. Users must retain all copyright, trademark, and other proprietary notices

                contained in the original Materials on any copy Users make of the Materials.

                Users may not frame or utilize framing techniques to enclose all or any portion of

                the Website. Users may not use any meta tags or any other similar hidden text

                utilizing the PCUSA name or trademarks.

 

2. User Postings on the Website and Related Social Media.

 

                A. Users are responsible for their own communications and are responsible for the

                consequences of any of their postings in the public areas of the Website and

                related Owner social media. By submitting any material for posting on the

                Website or social media, Users automatically grant (or, if Users are not the owner,

                Users warrant that the owner of such material has expressly granted) the Owner a

                royalty-free, perpetual, irrevocable, nonexclusive and fully sublicensable right to

                use, reproduce, modify, adapt, publish, translate, create derivative works from,

                distribute, perform, display and otherwise use and exploit such material (in whole

                or in part) worldwide and/or to incorporate it in other work in any form, media or

                technology now known or later developed.

 

                B. The Owner does not represent or guarantee the accuracy, completeness or

                reliability of any material posted by Users of the Website or related social media

                nor do we endorse any opinions expressed by any Users. A User may rely on

                material posted by other users only at User’s own risk. Although the Owner may

                occasionally screen or monitor material posted by Users, the Owner does not do

                so systematically, and the Owner is not obligated to do so.

 

                C. The Owner may for any reason edit, refuse to post or remove without notice

                any materials or items posted by Users. However, the Owner has no obligation to

                edit, refuse to post or remove any material, including material that Users may find

                objectionable or offensive or that violates these Terms of Use. If Users become

                aware of any material that violates these Terms of Use, Users may email such

                information to the Owner at info@covenantmadison.org. However, the Owner does

                not guarantee that any action will be taken as a result of User’s contact.

 

3. Prohibited Activities.

 

                Users may not do any of the following while using the Website:

 

                • Upload, download or transfer in any way to the Website messages, information, data,

                text, software, graphic files or other materials that are unlawful, harmful, threatening,

                abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, hateful or otherwise

                objectionable or that may invade another’s privacy (“Disallowed Materials”);

                • Upload, download or transfer in any way to the Website any Disallowed Materials that

                violate or infringe any patent, trademark, trade secret, copyright or any intellectual

                property right, of whatever nature, of anyone;

                • Interfere with or disrupt networks connected to the Website or violate the regulations,

                policies or procedures of such networks;

                • Attempt to gain unauthorized access to the Website, computer systems or networks

                connected to the Website, through password mining or any other means;

                • Interfere with another User’s use and enjoyment of the Website;

                • Upload, download or transfer in any way to the Website Disallowed Materials that

                contains a virus, worm, corrupted file, or other harmful program or component;

                • Impersonate any person or entity, including, but not limited to, employees of the Owner

                or related entities, volunteers or elected representatives or falsely state or otherwise

                misrepresent any affiliation with any such person or entity, or upload, download or

                transfer in any way to the Website any Disallowed Materials or other materials under a

                fictitious name;

                • Upload, download or transfer in any way to the Website any Disallowed Materials or

                other electronic or other materials that Users do not have a right to upload under law or

                under contractual or fiduciary relationships (including but not limited to nondisclosure

                agreements);

                • Upload, download or transfer in any way to the Website any information or grant

                permissions to view information to any person in a manner that exceeds a User’s

                contractual or other legal authority;

                • Upload, download or transfer in any way to the Website any unsolicited advertising,

                promotional materials, junk mail, spam, chain letters, pyramid schemes, contests,

                surveys, or any other form of solicitation (commercial or non-commercial); or

                • Intentionally or unintentionally violate or encourage or assist another to violate any law

                or regulation relating to a User’s use or another's use of the Website.

 

4. Linking to the Website.

               

                Users may provide a link on their site to the Website subject to the following requirements:

 

                • Users may not frame or alter the appearance or visual presentation of the Website.

                • Users may not state or imply that the Owner endorses, sponsors or otherwise approves of

                the User’s site or any other sites, unless it is true and accurate. Links to the Website may

                not be used in a way that implies or suggests that the Owner approves or endorses the

                User, User’s website or User’s goods and services, unless it is true and accurate.

                • Links may be text-based using the words: “Covenant Presbyterian Church,” “Covenant” or

                "CPC" or graphics based using the Covenant logo (the "Licensed Marks"), subject to

                the terms and conditions for use of the Covenant Presbyterian Church Licensed Marks and emblem.

                • Users may not use the Licensed Marks on any site that disparages the Owner or any of

                the Owner’s affiliates or presents false information about them.

                • Users may not use the Licensed Marks as a predominant feature of their site. At a

                minimum, this means that the Licensed Marks must appear smaller than the User’s web

                page title and any of User’s marks or logos, they may not be displayed more prominently

                than other marks or logos on User’s page, and they should not appear at the top of the

                page, but rather at the bottom, along the sides or in some less prominent location.

                • Users may not use the Licensed Marks in any manner that would adversely affect the

                name, reputation or goodwill of the Owner or use the Licensed Marks on any site that

                contains any content that is unlawful, harmful, threatening, abusive, harassing, tortious,

                defamatory, vulgar, obscene, libelous, hateful or otherwise objectionable or that may

                invade another's privacy.

                • Users may not use the Licensed Marks on any site that violates or infringes any patent,

                trademark, trade secret, copyright or any right, of whatever nature, of anyone, or that

                violates or encourages or assists another to violate any law or regulation.

                • The Owner has no responsibility or liability for any content appearing on a User’s

                website. Users agree to defend, indemnify and hold harmless the Owner and its affiliates

                and their officers, directors, employees and agents, from and against any and all thirdparty

                claims, liability, actions, demands, costs or expenses (including, but not limited to,

                reasonable legal and accounting fees) arising from or relating to User’s website. The

                Owner reserves the right to defend any such claim and Users agree to provide the Owner

                with such reasonable cooperation as it may request.

                • By linking, Users acknowledge and agree that, other than as specifically set forth in these

                Terms of Use, all rights to the Licensed Marks and other Owner marks and logos belong

                to the Owner. In addition, Users acknowledge the validity of the Owner’s ownership in

                the Licensed Marks and other Owner marks and logos and will not contest such

                ownership or the validity of any registrations of the Owner relating to such marks and

                logos. Users agree that use of the Licensed Marks shall inure to the benefit of the Owner.

                If Users happen to obtain any rights or goodwill in the Licensed Marks, Users agree that

                all such rights and goodwill will automatically vest in the Owner and Users will take all

                actions necessary to effect such vesting.

                • Users are prohibited from using the Owner’s marks or logos or any names, marks or other

                items in a manner that is likely to cause confusion with, dilute or damage the reputation

                or image of the Owner.

                • The Owner reserves the right at any time and in its sole discretion to request that Users

                remove all links or any particular link to the Website from User’s site.

               

                Subject to these Terms of Use and User’s compliance with the above requirements, the Owner

                agrees to grant Users a limited, non-exclusive, non-transferable, royalty-free license to use the

                Licensed Marks solely for the purpose of establishing any link that is permitted hereunder.

                Except for the limited license to use the Licensed Marks set forth in this paragraph, Users may

                not use any of the Owner’s trademarks or service marks or logos for any other reason without the express written permission of the Owner.                   The Owner may, at any time, in its sole discretion,

                without cause, terminate the license granted herein to use the Licensed Marks and User’s right to link to any pages on the Website. Upon our                 request, Users agree to immediately remove all links to the Website and to cease using the Licensed Marks. Without limiting the foregoing, if                   Users violate any of this Section 4, the User’s license to use the Licensed Marks and the User ’s right to link to any pages on the Website                             automatically terminates. Thereafter, any future links to the Website will require the express written permission of the Owner.

 

5. Links to Third-Party Sites. The Website contains links to third-party websites. These links

are provided solely for User’s convenience. They are not an endorsement by the Owner of the

contents of such third-party websites. The Owner is not responsible for the content or practices

of linked third-party sites. The Owner does not make any representations or warranties about the

content or accuracy of materials on such third-party websites or the practices of such sites. If

Users decide to access linked third-party websites, they do so at their own risk. Users should

review the terms of use, privacy policy, and other policies of any linked site.

 

6. Submissions. Any comments, feedback, notes, messages, ideas, suggestions or other

communications (collectively, "Comments") submitted to the Owner is the exclusive property of

the Owner. The Owner is entitled to use, reproduce, disclose, publish and distribute any

Comments for any purpose whatsoever, without restriction and without compensating Users in

any way. For this reason, the Owner asks that Users do not send any Comments they do not wish

to assign to the Owner, including any confidential information or any original creative items

such as stories, photographs, images, product ideas, computer code or original artwork.

 

The Owner may for any reason edit, refuse to post, hide, delete or remove without notice any

Comments or other items posted, uploaded, downloaded or otherwise transferred onto the

Website by Users, including the materials and items referred to in this Terms of Use.

 

7. Claims of Copyright Infringement. If Users believe that their work has been copied or

infringed in a way that constitutes copyright infringement, Users should contact

info@covenantmadison.org or:

 

                Covenant Presbyterian Church

                326 S Segoe Road

                Madison, WI 53705

 

8. Indemnification. Users agree to defend, indemnify, and hold harmless the Owner and its

affiliates and their officers, directors, employees and agents, from and against any and all third-party

claims, liability, actions, demands, costs or expenses (of any nature) arising from or

relating to User’s use of the Website or the Materials, material that Users post to the Website or

otherwise provide to the Owner or User’s breach or violation of these Terms of Use.

The Owner reserves the right to defend any such claim, and Users agree to provide the Owner

with such reasonable cooperation as it may request.

 

9. Disclaimer of Warranties.

 

                A. The Website, the Materials, and the Licensed Marks are provided on an as-is,

                as-available basis without warranties, express or implied. The Owner disclaims all

                warranties, express or implied, including the warranty of merchantability, noninfringement

                or fitness for a particular purpose.

 

                B. Users understand and agree that the Owner:

                                (1) is not responsible for the timeliness, misdelivery, deletion or failure to

                                store any information uploaded, downloaded or transferred in any way to

                                the Website (or attempted to be uploaded, downloaded or transferred) by

                                Users;

                                (2) makes no warranty as to the accuracy or completeness of the

                                information and services provided or obtained through the Website or the

                                results of User’s use of the Website;

                                (3) may, in its sole discretion, modify, add or discontinue any aspect,

                                content or feature of the Website.

 

                Further:

 

                                (1) it is the User’s responsibility to evaluate the accuracy, completeness

                                and usefulness of all information obtained or provided through the

                                Website; and

                                (2) the information on the Website may contain typographical errors or

                                inaccuracies and may not be complete or current and, therefore, the Owner

                                reserves the right to correct any errors, inaccuracies or omissions and to

                                change or update information at any time without prior notice.

 

                C. Users understand and agree that use of the Website and the Materials is at their

                sole risk, that any Materials downloaded or otherwise obtained through the use of

                the Website is at their own discretion and risk and that Users will be solely

                responsible for any damage to the User’s computer system or loss of data that

                results from the download of such Materials or any materials and electronic items.

                The Owner makes no warranty or representation as to the security of any

                information Users transmit to the Owner.

 

10. Limitation of Liability. The Owner and its affiliates are not liable for any damages (direct,

incident, consequential or otherwise), arising from or in any way connected with these Terms of

Use or the inability to use the Website or the Materials or Licensed Marks or anything else

related to the Website no matter what is the nature of the claim (contract, tort or otherwise).

 

11. Privacy Policy. The Privacy Policy can also be found on this Website is subject to these

Terms of Use and is incorporated by reference herein.

 

12. Miscellaneous.

 

                A. The Website is based in the United States. Access to the Materials may not be

                legal by certain persons or in certain countries. If Users access the Website from

                outside the United States, they do so at their own risk and are responsible for

                compliance with the laws of their jurisdiction.

               

                B. These Terms of Use will be governed by the laws of the Commonwealth of

                Kentucky. By signing on and using the Website, Users agree that any action

                arising out of or relating to these Terms of Use may be brought only in a court of

                competent jurisdiction in Jefferson County, Kentucky (state or federal), and Users

                hereby consent to the jurisdiction, venue and convenience of those courts.

 

                C. Headings in these Terms of Use are for convenience only and shall not be used

                to interpret or construe its provisions.

 

                D. If any provision of these Terms of Use is found to be invalid, void or

                unenforceable by any court having competent jurisdiction, the remainder of these

                Terms of Use shall remain in full force and effect.

 

                E. Any waiver of any provision of these Terms of Use will be effective only if it

                is in writing signed by the appropriate and approved contract signer of the Owner.

                No waiver of any term of these Terms of Use shall be deemed a further or

                continuing waiver of such term or any other term.

 

                F. Notices to the Owner, other than as provided herein, can be sent to:

 

                Covenant Presbyterian Church

                326 S Segoe Road

                Madison, WI 53705

 

13. Changes to these Terms of Use. The Owner may amend these Terms of Use at any time

without prior notice by posting the amended Terms of Use on the Website. If Users use the

Website after such changes, it constitutes the User’s agreement to be bound by the amended

Terms of Use. Hence, Users should review these Terms of Use every time they enter the Website

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