WEB SITE USE AGREEMENT
This Internet Web Site Use Agreement (the “Agreement”) is between you and JesusCircle.Me with a principal place of business at #12 Ana Street, Woodbrook, Port-of-Spain, Trinidad and Tobago. Use of the JesusCircle.Me Internet Web site (the “Network”) signifies your agreement to the terms and conditions of use set forth below in the Agreement:
(1) You acknowledge that you have read the terms and conditions of use and that you accept the terms thereof. YOU AGREE TO READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS Network. If you do not agree to these terms and conditions of use, you may not access or otherwise use the Network.
(2) JesusCircle.me may monitor your use of the Network, and may freely use and disclose with or without attribution any information and materials received from you or collected through your use of the Network for any lawful reason or purpose.
Modification of Agreement
Rights To User Submitted Content / “Communications”
(4) By posting messages, uploading files, inputting data or engaging in any other form of communication (individually or collectively “Communications”) to the Network, you hereby grant to JesusCircle.Me a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty free license to use, copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit, incorporate into any works, and otherwise exploit such Communications, in all media now known or hereafter developed (including but not limited to photos, videos, audio files, text and other materials). You hereby waive all rights to any claim against JesusCircle.Me for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with such Communications. You acknowledge and agree that transmission to and from the Network are not confidential and your Communications may be read or intercepted by others. You acknowledge that by submitting Communications to JesusCircle.Me, no confidential, fiduciary, contractually implied or other relationship is created between you and JesusCircle.Me other than pursuant to this Agreement. You acknowledge and agree that (i) JesusCircle.Me has no obligation to use or respond to any Communications; (ii) JesusCircle.Me does not and shall not have any obligation to preview or review any Communications; (iii) JesusCircle.Me does not assure the accuracy or quality of Communications, or that harmful offensive, unlawful or otherwise objectionable Communications will not appear on the Network; (iv) JesusCircle.Me may monitor any or all Communications in its sole discretion; (v) JesusCircle.Me may remove any Communications, in whole or in part, from the Network; and (vi) JesusCircle.Me may exclude any person from further use of the Network.
The responsibility for Communications is that of the persons transmitting same to the network. JesusCircle.Me disclaims any responsibility for any inappropriate statements or material or any incorrect information contained in any Communications.
You represent and warrant that: (a) you have all rights in and to your Communications (whether through ownership or licenses, consents, and permissions from the owner) required for (i) you to lawfully submit your Communications to the Network and grant the rights to your Communications provided in this Agreement, and (ii) your Communications to be posted and transmitted to and through the network, for the purposes authorized under this Agreement; (b) you have all required licenses, consents, releases and/or permissions to use the name and/or likeness of each identifiable individual person in your Communications in the manner authorized under this Agreement, and (c) the posting and transmission of your Communications on and through the Network for the purposes authorized under this Agreement do not violate the privacy rights, publicity rights, copyrights, patents, trademarks, contract rights or any other rights of any person or entity, or violate any law, rule, regulation or order.
Use of Web Site; Non-Commercial Use
(5) The Network is meant for personal use only and may not be used in connection with any commercial activities or endeavors or the sale of any services or products without our express prior written approval, which may be withheld for any reason.
You agree not to: (a) initiate or operate any sweepstakes, contests, gambling, advertising, barter or pyramid schemes on or through the Network; (b) solicit personal identifying information for commercial or unlawful purposes from other Users; (c) transmit any form of chain letters, spam or junk email to other Users; (d) use any information obtained from or through the Network (i) to abuse, harass, or harm another person, (ii) for any illegal activity, or (iii) without our prior written approval, to advertise to, contact for commercial purposes, solicit, or sell to any other User; (e) use the Network for, or conduct on or through the Network, any illegal and/or unauthorized activities; or (f) establish any unauthorized framing of or linking to the Network.
JESUSCIRCLE.ME reserves the right to restrict the number of emails which a User may send to other Users in any twenty four (24) hour period to a number which JESUSCIRCLE.ME deems appropriate in its sole discretion. If you send unsolicited bulk email, spam, instant messages or other unsolicited communications of any kind through the Network you acknowledge that you will have caused substantial harm to JESUSCIRCLE.ME and/or the Network that will be difficult, if not impossible, to ascertain, entitling JESUSCIRCLE.ME to seek an injunction from a court of competent jurisdiction, prohibiting any such improper or unauthorized acts, in addition to such other rights and remedies as may be available to JESUSCIRCLE.ME.
While the JESUSCIRCLE.ME assumes no responsibility for monitoring the Network, it will, when it deems it appropriate, investigate activity in connection with the Network that JESUSCIRCLE.ME believes may be illegal, unauthorized or a breach of the terms of this Agreement. If deemed appropriate by JESUSCIRCLE.ME, it will initiate appropriate legal action with respect to such activities, including without limitation, criminal, civil and injunctive redress. JESUSCIRCLE.ME reserves the right to restrict your activity on, and/or block your access to, the Site any time for any reason without notice to you.
Disputes Between Users
(6) The resolution of disputes that may arise between Users is the sole responsibility of the Users, and JesusCircle.Me has no liability or obligation with respect to any such disputes.
(7) “JesusCircle.Me” and the “JesusCircle.Me” logo are trademarks and/or service marks of JesusCircle.Me . All other trademarks, service marks and logos used on the Network are owned by JesusCircle.Me or those of their respective owners.
Changes to Network
(8) JESUSCIRCLE.ME may change, suspend or discontinue any aspect of the Network at any time, including the availability of any Network feature, database, or Content. JESUSCIRCLE.ME may also impose limits on certain features and services or restrict your access to parts or all of the Network without notice or liability.
(9) You represent, warrant and covenant that: (a) you will not upload, post, submit or transmit to or distribute or otherwise publish through the Network any materials which (i) restrict or inhibit any other User from using and enjoying the Network, (ii) are unlawful, threatening, abusive, libelous, defamatory, insulting, obscene, vulgar, offensive, hateful, pornographic, profane, sexually explicit or indecent, (iii) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate law, (iv) violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right, (v) contain a virus or other codes, files or programs that are designed to disrupt, eradicate or limit the functions or operations of any computer software or hardware, or other electronic equipment, (vi) contain any information, software or other material of a commercial nature, (vii) contain advertising of any kind, or (viii) constitute or contain false or misleading indications of origin or statements of fact; and (b) you are at least thirteen (13) years old or have the consent of your parent or guardian.
Copyright Infringement Complaints
(10) If you are a copyright owner or an agent thereof and believe any Communications or other content infringes upon your copyrights, you may submit a notification to JesusCircle.Me
(a) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(b) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
(c) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
(d) Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail address;
(e) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(f) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please mail all copyright infringement claims to No. 12 Ana Street, Woodbrook, Port of Spain, Trinidad and Tobago.
(11) You hereby agree to indemnify, defend and hold JESUSCIRCLE.ME, or Champion Dynamics International Ministries, its subsidiaries and affiliates, and their respective officers, directors, agents, employees, information providers, licensors and licensees (collectively, the “Indemnified Parties”) harmless from and against any and all claims, actions, damages, liabilities and costs (including, without limitation, attorneys’ fees and court costs) incurred by the Indemnified Parties in connection with or arising out of any breach by you of the Agreement or the foregoing representations, warranties and covenants. You shall cooperate as fully as reasonably required in the defense of any claim. JESUSCIRCLE.ME reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of JESUSCIRCLE.ME.
(12) The Network contains links and pointers to the other related World Wide Web Internet sites, resources, and sponsors of the Network. Links to and from Network to other third party sites, maintained by third parties, do not constitute an endorsement by JESUSCIRCLE.ME or any of its subsidiaries or affiliates of any third party resources, or their contents. JESUSCIRCLE.ME disclaims any and all responsibility for content contained in any third party materials provided through links from the Network.
Disclaimer of Warranties
(13) THE NETWORK, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE NETWORK, IS PROVIDED “AS IS.” TO THE FULLEST EXTENT PERMISSIBLE BY LAW, JESUSCIRCLE.ME AND ITS SUBSIDIARIES AND AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE NETWORK OR THE MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THE NETWORK, FOR ANY PRODUCTS OR SERVICES OR HYPERTEXT LINKS TO THIRD PARTIES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE NETWORK OR ANY LINKED SITE. FURTHER, JESUSCIRCLE.ME AND ITS SUBSIDIARIES AND AFFILIATES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. JESUSCIRCLE.ME DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE NETWORK OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE NETWORK OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. JESUSCIRCLE.ME AND ITS SUBSIDIARIES AND AFFILIATES SHALL NOT BE LIABLE FOR THE USE OF THE NETWORK, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN.
Limitation of Liability.
(14) JESUSCIRCLE.ME, Champion Dynamics International Ministries, ITS AFFILIATES AND ITS SUBSIDIARIES ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE NETWORK, SITE-RELATED SERVICES AND/OR CONTENT OR INFORMATION CONTAINED WITHIN THE NETWORK, EVEN IF JESUSCIRCLE.ME KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE NETWORK AND/OR SITE-RELATED SERVICES IS TO STOP USING THE NETWORK AND/OR THOSE SERVICES.
Choice of Law; Jurisdiction
(15) THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE ISLAND OF TRINIDAD AND TOBAGO, WITHOUT REGARD TO CONFLICTS OF LAWS OR CHOICE OF LAW PROVISIONS. SOLE AND EXCLUSIVE JURISDICTION FOR ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL BE AN APPROPRIATE COURT LOCATED IN THE ISLAND OF TRINIDAD AND TOBAGO
(16) This Agreement constitutes the entire agreement between JesusCircle.Me and you with respect to your use of the Network. Any cause of action you may have with respect to your use of the Network must be commenced within one (1) year after the claim or cause of action arises, or else is irrevocably waived. Paragraph headings are for reference only and do not in any way define or limit the scope or meaning of such paragraph. If JesusCircle.Me fails to take action concerning any breach by you of this Agreement, you agree that any such failure to act does not waive JesusCircle.Me ’s right to take action concerning any subsequent or similar breach. If for any reason a court of competent jurisdiction finds any provision of the Agreement, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the Agreement, and the remainder of this Agreement shall continue in full force and effect.
The following Terms of Service apply to your use of this Network. You are solely responsible for your conduct and your content on the Network and compliance with these terms. By registering with us or using or browsing this Network, you acknowledge that you have read, understood, and agree to be bound by these terms. This Network is not directed to anyone younger than 13 and is offered only to users 13 years of age or older. Any person who provides their personal information through this Network represents that they are 13 years of age or older.
You agree that you will not post, email or make available any content or use this Network:
- In a manner that infringes, violates or misappropriates any third party’s intellectual property rights or other proprietary rights or contractual rights;
- in a manner 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;
- to engage in spamming, “chain letters,” “pyramid schemes”, advertisement of illegal or controlled products or services, or other advertising or marketing activities that violate these Terms of Service, any applicable laws, regulations or generally-accepted advertising industry guidelines;
- in a manner that is misleading, deceptive or fraudulent or otherwise illegal or promotes illegal activities, including engaging in phishing or otherwise obtaining financial or other personal information in a misleading manner or for fraudulent or misleading purposes;
- in a manner that is libelous or defamatory, or in a way that is otherwise threatening, abusive, violent, harassing, malicious or harmful to any person or entity, or invasive of another’s privacy;
- in a manner that is harmful to minors in any way;
- in a manner that is hateful or discriminatory based on race, color, sex, religion, nationality, ethnic or national origin, marital status, disability, sexual orientation or age or is otherwise objectionable;
- to impersonate any other person, or falsely state or otherwise misrepresent your affiliation with any person or entity, or to obtain access to this Network without authorization;
- to interfere or attempt to interfere with the proper working of this Network or prevent others from using this Network, or in a manner that disrupts the normal flow of dialogue with an excessive number of messages (flooding attack) to this Network, or that otherwise negatively affects other persons’ ability to use this Network;
- to use any manual or automated means, including agents, robots, scripts, or spiders, to access or manage any user’s account or to monitor or copy this Network or the content contained therein;
- to facilitate the unlawful distribution of copyrighted content;
- in a manner that includes personal or identifying information about another person without that person’s explicit consent;
- in a manner that employs misleading email or IP addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of content transmitted through this Network or to users; and
- in a manner that constitutes or contains any form of advertising or solicitation if emailed to users who have requested not to be contacted about other services, products or commercial interests.
Additionally, you agree not to:
- “Stalk” or otherwise harass anyone;
- Collect, use or disclose data, including personal information, about other users without their consent or for unlawful purposes or in violation of applicable law or regulations;
- Request, solicit or otherwise obtain access to usernames, passwords or other authentication credentials from any member of this Network or to proxy authentication credentials for any member of this Network for the purposes of automating logins to this Network;
- Post any content containing child pornography to this Network;
- Post any content that depicts or contains rape, extreme violence, murder, bestiality, incest, or other similar content;
- Post any content that constitutes pornography, contains nudity, or is adult in nature.
- Use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from this Network – except for Internet search engines (e.g. Google) and non-commercial public archives (e.g. archive.org) that comply with our robots.txt file, or “well-behaved” web services/RSS/Atom clients. We reserve the right to define what we mean by “well-behaved”;
- Post irrelevant content, repeatedly post the same or similar content or otherwise impose an unreasonable or disproportionately large load on the Network’s infrastructure;
- Attempt to gain unauthorized access to our computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, this Network;
- Use this Network as a generic file hosting service;
- Take any action that may undermine the feedback or ratings systems (such as displaying, importing or exporting feedback information off of this Network or for using it for purposes unrelated to this Network); and
- Develop, invoke, or utilize any code to disrupt, diminish the quality of, interfere with the performance of, or impair the functionality of this Network.
To provide notice of alleged copyright infringement on this Network, please see the DMCA Notification Guidelines.
You agree not to authorize or encourage any third party to use this Network to facilitate any of the foregoing prohibited conduct. You also agree that these Network Terms of Service inure to the benefit of our service providers (including our Network platform provider) and that they may take action (including the removal of your content and disabling of your account) in order to maintain compliance with these Network Terms of Service. Technology and hosting for aspects of this Network are provided by this Network’s online service provider. However, the Network Creator of this Network controls the content, membership and policy of this Network, including those pages served by such service provider on behalf of this Network. Notwithstanding anything to the contrary, by participating on this Network you agree to indemnify and hold harmless such service provider on all matters related to your interaction with others using this Network and participation with this Network.