James River Presbytery - Presbyterian Church in America
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Terms of Use

1. Services and Conditions of Use:

James River Presbytery provides its service to you, subject to the following Terms of Use ("TOU"), which may be updated by us from time to time without notice to you. In addition, when using particular James River Presbytery services, you and James River Presbytery shall be subject to any posted guidelines or rules applicable to such services, which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TOU. As part of our service, James River Presbytery ("James River Presbytery") agrees to provide you with information libraries, e-mail service, bulletin boards and other computer services that James River Presbytery may decide to offer, subject to the terms of this Agreement. Upon notice published through the Service, James River Presbytery may modify this Agreement at any time. You agree and continue to agree to use James River Presbytery services in a manner consistent with all applicable laws and regulations and in accordance with the terms and conditions set out in the policies and guidelines outlined below. Please note that you will be referred to as "User" from time to time in this Agreement.

2. Rules For Online Conduct for James River Presbytery Message Boards

You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not James River Presbytery, are entirely responsible for all Content that you upload, post, email or otherwise transmit via the Service. James River Presbytery does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive or objectionable. Under no circumstances will James River Presbytery be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via the Service.

You agree to not use the Service to:
  1. upload, post, email or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous or invasive of another's privacy;
  2. harm minors in any way;
  3. impersonate any person or entity, including, but not limited to, a James River Presbytery official, forum leader, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  4. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
  5. upload, post, email or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  6. upload, post, email or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
  7. upload, 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;
  8. upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  9. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
Statements or postings that violate the above terms will be deleted from postings upon discovery. Depending on the nature of the violation, James River Presbytery at its sole discretion may terminate User's account.

3. Non-Transferability of Membership

James River Presbytery grants to User a personal, non-exclusive, non-assignable and non-transferable license to use and display the James River Presbytery software ("Software") on any machine(s) of which User is the primary User. Unauthorized copying of the Software or duplication of the software in any manner, including software that has been modified, merged or included with the Software, or the written materials associated therewith is expressly forbidden. User acknowledges that User may not sublicense, transfer, sell or assign this license or the Software. Any attempt to sublicense, transfer, sell or assign the license is void.

4. Software Libraries and Copyrighted Materials

Only public domain software or graphics files or files where the owner has given express permission for online distribution may be posted to bulletin boards on the Service. The posting of any other type of file and the posting of links to any other type of file is strictly forbidden. The following types of files are examples of strictly forbidden postings:

Unauthorized copies of copyrighted photographs, drawings, graphics, text or other writings, computer programs or other software, recordings or designs; files containing advertisements or solicitations aimed at persuading other members to use certain goods, services or material of a sexually explicitly nature, including photographs and text.

Copyrighted material, including without limitation text, photographs, sound, video and music, may not be placed on the Service without the express permission of the author or owner of the copyright on the material. User acknowledges that only the owner or someone authorized by the owner to post the material may do so. Downloading of copyrighted material is allowed only for Users' own use. Users may not copy, reproduce, retransmit, distribute, publish, commercially exploit or otherwise transfer any copyrighted material. The burden of determining that any information, software or any other content on the Service is not protected by copyright rests with the User. User acknowledges that James River Presbytery and/or third party content providers remain the owners of the posted materials, and that User does not acquire any of those ownership rights by downloading copyrighted materials.

5. Limitation Of Liability And Warranty

USER AGREES THAT USE OF THE SERVICE IS ENTIRELY AT USER'S OWN RISK. JAMES RIVER PRESBYTERY'S SERVICES ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY FOR INFORMATION, SERVICES, UNINTERRUPTED ACCESS, OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE SERVICE, INCLUDING WITHOUT LIMITATION THE JAMES RIVER PRESBYTERY SOFTWARE LICENSED TO THE USER AND THE RESULTS OBTAINED THROUGH THE SERVICE. SPECIFICALLY, JAMES RIVER PRESBYTERY DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING WITHOUT LIMITATION: 1) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY OR CONTENT OF INFORMATION, PRODUCTS OR SERVICES; AND 2) ANY WARRANTIES OF TITLE OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. USER SPECIFICALLY ACKNOWLEDGES THAT JAMES RIVER PRESBYTERY IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH USER.

NEITHER JAMES RIVER PRESBYTERY NOR ANY OF ITS AGENTS, AFFILIATES OR CONTENT PROVIDERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF THE SERVICE OR INABILITY TO GAIN ACCESS TO OR USE THE SERVICE OR OUT OF ANY BREACH OF ANY WARRANTY. USER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE SERVICE.

6. Trademarks

All trademarks appearing on the Service are trademarks of their respective owners.

7. Notice

James River Presbytery may give notice to Users by means of a general notice on the Service, electronic mail to User's e-mail address on record in James River Presbytery's account information, or by written communication sent by first class mail to a User's address on record in James River Presbytery's account information.

8. Indemnification

User agrees to indemnify and hold James River Presbytery 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 Content you submit, post to or transmit through the Service, your use of the Service, your connection to the Service, your violation of the TOU, or your violation of any rights of another.

9. Termination Of Service

You agree that James River Presbytery, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if James River Presbytery believes that you have violated or acted inconsistently with the letter or spirit of the TOU. James River Presbytery may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this TOU may be effected without prior notice, and acknowledge and agree that James River Presbytery may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that James River Presbytery shall not be liable to you or any third party for any termination of your access to the Service.

10. Choice Of Law

This Agreement shall be construed and controlled by the laws of the State of Virginia. Further, the laws of the State of Virginia will govern any dispute arising from the terms of this agreement or a breach of this Agreement. User agrees to personal jurisdiction by the state and federal courts sitting in the State of Virginia.

11. Merger Clause

This Agreement constitutes the entire agreement between the parties with respect to the subject matter contained herein and supersedes all previous and contemporaneous agreements, proposals and communications, written or oral between James River Presbytery representatives and User. James River Presbytery may amend or modify this Agreement or impose new conditions at any time upon notice from James River Presbytery to User as published through the Service. Any use of the Service by User after such notice shall be deemed to constitute acceptance by User of such amendments, modifications or new conditions.


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