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Terms of Use |
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Web Site Terms and Conditions of Use
The following terms and conditions (the "Terms and Conditions")
govern your use of this web site, and any content made available
from or through this web site, including any subdomains thereof (the
"Web Site"). The Web Site is made available by World Prayer Online.
("WPO" or "we" or "us"). We may change the Terms and Conditions from
time to time, at any time without notice to you, by posting such
changes on the Web Site. BY USING THE WEB SITE, YOU ACCEPT AND AGREE
TO THESE TERMS AND CONDITIONS AS APPLIED TO YOUR USE OF THE WEB
SITE. If you do not agree to these Terms and Conditions, you may not
access or otherwise use the Web Site.
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Proprietary Rights.
As between you and World Prayer Online, World Prayer Online
owns, solely and exclusively, all rights, title and interest in
and to the Web Site, all the content (including, for example,
audio, photographs, illustrations, graphics, other visuals,
video, copy, text, software, titles, Shockwave files, etc.),
code, data and materials thereon, the look and feel, design and
organization of the Web Site, and the compilation of the
content, code, data and materials on the Web Site, including but
not limited to any copyrights, trademark rights, patent rights,
database rights, moral rights, sui generis rights and other
intellectual property and proprietary rights therein. Your use
of the Web Site does not grant to you ownership of any content,
code, data or materials you may access on or through the Web
Site.
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Limited License.
You may access and view the content on the Web Site on your
computer or other device and, unless otherwise indicated in
these Terms and Conditions or on the Web Site, make single
copies or prints of the content on the Web Site for your
personal, internal use only. Use of the Web Site and the
services offered on or through the Web Site, are only for your
personal, non-commercial use.
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Prohibited Use.
Any commercial or promotional distribution, publishing or
exploitation of the Web Site, or any content, code, data or
materials on the Web Site, is strictly prohibited unless you
have received the express prior written permission from
authorized personnel of World Prayer Online or the otherwise
applicable rights holder. Other than as expressly allowed
herein, you may not download, post, display, publish, copy,
reproduce, distribute, transmit, modify, perform, broadcast,
transfer, create derivative works from, sell or otherwise
exploit any content, code, data or materials on or available
through the Web Site. You further agree that you may not alter,
edit, delete, remove, otherwise change the meaning or appearance
of, or repurpose, any of the content, code, data, or other
materials on or available through the Web Site, including,
without limitation, the alteration or removal of any trademarks,
trade names, logos, service marks, or any other proprietary
content or proprietary rights notices. You acknowledge that you
do not acquire any ownership rights by downloading any
copyrighted material from or through the Web Site. If you make
other use of the Web Site, or the content, code, data or
materials thereon or available through the Web Site, except as
otherwise provided above, you may violate copyright and other
laws of the United States, other countries, as well as
applicable state laws and may be subject to liability for such
unauthorized use.
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Trademarks.
The trademarks, logos, service marks and trade names
(collectively the "Trademarks") displayed on the Web Site or on
content available through the Web Site are registered and
unregistered Trademarks of World Prayer Online and others and
may not be used in connection with products and/or services that
are not related to, associated with, or sponsored by their
rights holders that are likely to cause customer confusion, or
in any manner that disparages or discredits their rights
holders. All Trademarks not owned by World Prayer Online that
appear on the Web Site or on or through the Web Site's services,
if any, are the property of their respective owners. Nothing
contained on the Web Site should be construed as granting, by
implication, estoppel, or otherwise, any license or right to use
any Trademark displayed on the Web Site without the written
permission of World Prayer Online or the third party that may
own the applicable Trademark. Your misuse of the Trademarks
displayed on the Web Site or on or through any of the Web Site's
services is strictly prohibited.
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User Information.
In the course of your use of the Web Site and/or the services
made available on or through the Web Site, you may be asked to
provide certain personalized information to us (such information
referred to hereinafter as "User Information"). World Prayer
Online's information collection and use policies with respect to
the privacy of such User Information are set forth in the Web
Site's Privacy Policy
which is incorporated herein by reference for all purposes. You
acknowledge and agree that you are solely responsible for the
accuracy and content of User Information.
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Submitted Materials.
Unless specifically requested, we do not solicit nor do we wish
to receive any confidential, secret or proprietary information
or other material from you through the Web Site, by e-mail or in
any other way. Any information, creative works, demos, ideas,
suggestions, concepts, methods, systems, designs, plans,
techniques or other materials submitted or sent to us
(including, for example and without limitation, that which you
submit or post to our chat rooms, message boards, and/or our
blogs, or send to us via e-mail) ("Submitted Materials") will be
deemed not to be confidential or secret, and may be used by us
in any manner consistent with the Web Site's
Privacy Policy. By
submitting or sending Submitted Materials to us, you: (i)
represent and warrant that the Submitted Materials are original
to you, that no other party has any rights thereto, and that any
"moral rights" in Submitted Materials have been waived, and (ii)
you grant us and our affiliates a royalty-free, unrestricted,
worldwide, perpetual, irrevocable, non-exclusive and fully
transferable, assignable and sublicensable right and license to
use, copy, reproduce, modify, adapt, publish, translate, create
derivative works from, distribute, perform, display and
incorporate in other works any Submitted Materials (in whole or
part) in any form, media, or technology now known or later
developed, including for promotional and/or commercial purposes.
We cannot be responsible for maintaining any Submitted Material
that you provide to us, and we may delete or destroy any such
Submitted Material at any time.
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Prohibited User Conduct.
You warrant and agree that, while using the Web Site and the
various services and features offered on or through the Web
Site, you shall not: (a) impersonate any person or entity or
misrepresent your affiliation with any other person or entity;
(b) insert your own or a third party's advertising, branding or
other promotional content into any of the Web Site's content,
materials or services (for example, without limitation, in an
RSS feed or a podcast received from World Prayer Online or
otherwise through the Web Site), or use, redistribute, republish
or exploit such content or service for any further commercial or
promotional purposes; or (c) attempt to gain unauthorized access
to other computer systems through the Web Site. You shall not: (i)
engage in spidering, "screen scraping," "database scraping,"
harvesting of e-mail addresses, wireless addresses or other
contact or personal information, or any other automatic means of
obtaining lists of users or other information from or through
the Web Site or the services offered on or through the Web Site,
including without limitation any information residing on any
server or database connected to the Web Site or the services
offered on or through the Web Site; (ii) obtain or attempt to
obtain unauthorized access to computer systems, materials or
information through any means; (iii) use the Web Site or the
services made available on or through the Web Site in any manner
with the intent to interrupt, damage, disable, overburden, or
impair the Web Site or such services, including, without
limitation, sending mass unsolicited messages or "flooding"
servers with requests; (iv) use the Web Site or the Web Site's
services or features in violation of World Prayer Online's or
any third party's intellectual property or other proprietary or
legal rights; or (v) use the Web Site or the Web Site's services
in violation of any applicable law. You further agree that you
shall not attempt (or encourage or support anyone else's
attempt) to circumvent, reverse engineer, decrypt, or otherwise
alter or interfere with the Web Site or the Web Site's services,
or any content thereof, or make any unauthorized use thereof.
You agree that you shall not use the Web Site in any manner that
could damage, disable, overburden, or impair the Web Site or
interfere with any other party's use and enjoyment of the Web
Site or any of its services. You shall not obtain or attempt to
obtain any materials or information through any means not
intentionally made publicly available or provided for through
the Web Site.
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Public Forums.
World Prayer Online may, from time to time, make messaging
services, chat services, bulletin boards, message boards, blogs,
other forums and other such services available on or through the
Web Site. In addition to any other rules or regulations that we
may post in connection with a particular service, you agree that
you shall not upload, post, transmit, distribute or otherwise
publish through the Web Site or any service or feature made
available on or through the Web Site, any materials which (i)
restrict or inhibit any other user from using and enjoying the
Web Site or the Web Site's services, (ii) are fraudulent,
unlawful, threatening, abusive, harassing, libelous, defamatory,
obscene, vulgar, offensive, 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 any local, state, national or
international law, (iv) violate, plagiarize or infringe the
rights of third parties including, without limitation,
copyright, trademark, trade secret, confidentiality, contract,
patent, rights of privacy or publicity or any other proprietary
right, (v) contain a virus, spyware, or other harmful component,
(vi) contain embedded links, advertising, chain letters or
pyramid schemes of any kind, or (vii) constitute or contain
false or misleading indications of origin, endorsement or
statements of fact. You further agree not to impersonate any
other person or entity, whether actual or fictitious, including
anyone from World Prayer Online You also may not offer to buy or
sell any product or service on or through your comments
submitted to our forums. You alone are responsible for the
content and consequences of any of your activities.
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Right to Monitor and Editorial Control.
World Prayer Online reserves the right, but does not have an
obligation, to monitor and/or review all materials posted to the
Web Site or through the Web Site's services or features by
users, and World Prayer Online is not responsible for any such
materials posted by users. However, World Prayer Online reserves
the right at all times to disclose any information as necessary
to satisfy any law, regulation or government request, or to
edit, refuse to post or to remove any information or materials,
in whole or in part, that in World Prayer Online's sole
discretion are objectionable or in violation of this Terms of
Use, World Prayer Online's policies or applicable law. We may
also impose limits on certain features of the forums or restrict
your access to part or all of the forums without notice or
penalty if we believe you are in breach of the guidelines set
forth in this paragraph, our terms and conditions or applicable
law, or for any other reason without notice or liability.
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Private or Sensitive Information on Public Forums.
It is important to remember that comments submitted to a forum
may be recorded and stored in multiple places, both on our Web
Site and elsewhere on the Internet, which are likely to be
accessible for a long time and you have no control over who will
read them eventually. It is therefore important that you are
careful and selective about the personal information that you
disclose about yourself and others, and in particular, you
should not disclose sensitive, embarrassing, proprietary or
confidential information in your comments to our public forums.
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Linking to the Web Site.
You agree that if you include a link from any other web site to
the Web Site, such link shall open in a new browser window and
shall link to the full version of an HTML formatted page of this
Web Site. You are not permitted to link directly to any image
hosted on the Web Site or our services, such as using an
"in-line" linking method to cause the image hosted by us to be
displayed on another web site. You agree not to download or use
images hosted on this Web Site on another web site, for any
purpose, including, without limitation, posting such images on
another site. You agree not to link from any other web site to
this Web Site in any manner such that the Web Site, or any page
of the Web Site, is "framed," surrounded or obfuscated by any
third party content, materials or branding. We reserve all of
our rights under the law to insist that any link to the Web Site
be discontinued, and to revoke your right to link to the Web
Site from any other web site at any time upon written notice to
you.
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Indemnification.
You agree to defend, indemnify and hold World Prayer Online and
its affiliates' directors, officers, employees and agents
harmless from any and all claims, liabilities, costs and
expenses, including attorneys' fees, arising in any way from
your use of the Web Site, your placement or transmission of any
message, content, information, software or other materials
through the Web Site, or your breach or violation of the law or
of these Terms and Conditions. World Prayer Online reserves the
right, at its own expense, to assume the exclusive defense and
control of any matter otherwise subject to indemnification by
you, and in such case, you agree to cooperate with World Prayer
Online's defense of such claim.
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Orders for Products and Services.
We may make certain products available to visitors and
registrants of the Web Site. If you order any products, you
hereby represent and warrant that you are 18 years old or older.
You agree to pay in full the prices for any purchases you make
either by credit/debit card concurrent with your online order or
by other payment means acceptable to World Prayer Online You
agree to pay all applicable taxes. If payment is not received by
us from your credit or debit card issuer or its agents, you
agree to pay all amounts due upon demand by us. Certain products
that you purchase and/or download on or through the Web Site may
be subject to additional terms and conditions presented to you
at the time of such purchase or download.
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Third Party Web Sites.
You may be able to link from the Web Site to third party web
sites and third party web sites may link to the Web Site
("Linked Sites"). You acknowledge and agree that we have no
responsibility for the information, content, products, services,
advertising, code or other materials which may or may not be
provided by or through Linked Sites, even if they are owned or
run by affiliates of ours. Links to Linked Sites do not
constitute an endorsement or sponsorship by us of such web sites
or the information, content, products, services, advertising,
code or other materials presented on or through such web sites.
The inclusion of any link to such sites on our Site does not
imply World Prayer Online's endorsement, sponsorship, or
recommendation of that site. World Prayer Online disclaims any
liability for links (1) from another web site to this Web Site
and (2) to another web site from this Web Site. World Prayer
Online cannot guarantee the standards of any web site to which
links are provided on this Web Site nor shall World Prayer
Online be held responsible for the contents of such sites, or
any subsequent links. World Prayer Online does not represent or
warrant that the contents of any third party web site is
accurate, compliant with state or federal law, or compliant with
copyright or other intellectual property laws. Also, World
Prayer Online is not responsible for or any form of transmission
received from any linked web site. Any reliance on the contents
of a third party web site is done at your own risk and you
assume all responsibilities and consequences resulting from such
reliance.
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Copyright Agent.
We respect the intellectual property rights of others, and
require that the people who use the Web Site, or the services or
features made available on or through the Web Site, do the same.
If you believe that your work has been copied in a way that
constitutes copyright infringement, please forward the following
information to World Prayer Online's Copyright Agent, designated
as such pursuant to the Digital Millennium Copyright Act, 17
U.S.C. § 512(c)(2), named below:
- Your address, telephone
number, and email address;
- A description of the
copyrighted work that you claim has been infringed;
- A description of where the
alleged infringing material is located;
- A statement by you that you
have a good faith belief that the disputed use is not
authorized by the copyright owner, its agent, or the law;
- An electronic or physical
signature of the person authorized to act on behalf of the
owner of the copyright interest; and
- A statement by you, made
under penalty of perjury, that the above information in your
notice is accurate and that you are the copyright owner or
are authorized to act on the copyright owner's behalf.
Copyright Agent:
World Prayer Online
e-mail: admin @ WorldPrayerOnline.com
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DISCLAIMER OF WARRANTIES.
The web site, including, without limitation, all services, content, functions and materials provided through the web site, are provided "as is," "as available," without warranty of any kind, either express or implied, including, without limitation, any warranty for information, data, data processing services, uptime or uninterrupted access, any warranties concerning the availability, playability, displayability, accuracy, precision, correctness, thoroughness, completeness, usefulness, or content of information, and any warranties of title, non-infringement, merchantability or fitness for a particular purpose, and we hereby disclaim any and all such warranties, express and implied. We do not warrant that the web site or the services, content, functions or materials provided through the web site will be timely, secure, uninterrupted or error free, or that defects will be corrected. We make no warranty that the web site or the provided services will meet users' requirements. No advice, results or information, whether oral or written, obtained by you from us or through the web site shall create any warranty not expressly made herein. World Prayer Online also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your equipment on account of your access to, use of, or browsing in the web site or your downloading of any materials, data, text, images, video content, or audio content from the web site. If you are dissatisfied with the web site, your sole remedy is to discontinue using the web site.
We try to ensure that the information posted on the web site is correct and up-to-date. We reserve the right to change or make corrections to any of the information provided on the web site at any time and without any prior warning. World Prayer Online neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement on the web site, nor for any offensive, defamatory, obscene, indecent, unlawful or infringing posting made thereon by anyone other than authorized World Prayer Online employee spokespersons while acting in their official capacities (including, without limitation, other users of the web site). It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through the web site. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content, including but not limited to financial, health, or lifestyle information, opinion, advice or other content.
Prior to the execution of a purchase or sale of any security or investment, you are advised to consult with your broker or other financial advisor to verify pricing and other information. We shall have no liability for investment decisions based upon, or the results obtained from, the content provided herein. Nothing contained in the web site shall be construed as investment advice. World Prayer Online is not a registered broker-dealer or investment advisor and does not give investment advice or recommend one product over another.
Without limitation of the above in this section, World Prayer Online and its affiliates, suppliers and licensors make no warranties or representations regarding any products or services ordered or provided via the web site, and hereby disclaim, and you hereby waive, any and all warranties and representations made in product or services literature, frequently asked questions documents and otherwise on the web site or in correspondence with World Prayer Online or its agents. Any products and services ordered or provided via the web site are provided by World Prayer Online "as is," except to the extent, if at all, otherwise set forth in a license or sale agreement separately entered into in writing between you and World Prayer Online or its licensor or supplier.
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LIMITATION OF LIABILITY.
In no event, including but not limited to negligence, shall World Prayer Online, or any of its directors, officers, employees, agents or content or service providers (collectively, the "protected entities") be liable for any direct, indirect, special, incidental, consequential, exemplary or punitive damages arising from, or directly or indirectly related to, the use of, or the inability to use, the web site or the content, materials and functions related thereto, your provision of information via the web site, lost business or lost sales, even if such protected entity has been advised of the possibility of such damages. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages so some of the above limitations may not apply to certain users. In no event shall the protected entities be liable for or in connection with any content posted, transmitted, exchanged or received by or on behalf of any user or other person on or through the web site. In no event shall the total aggregate liability of the protected entities to you for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from the terms and conditions or your use of the web site exceed, in the aggregate, the amount, if any, paid by you to World Prayer Online for your use of the web site or purchase of products via the web site.
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Photosensitive Seizures.
A very small percentage of people may experience a seizure when
exposed to certain visual images, such as flashing lights or
patterns that may appear in video games or other electronic or
online content. Even people who have no history of seizures or
epilepsy may have an undiagnosed condition that can cause these
"photosensitive epileptic seizures" while watching video games
or other electronic content. These seizures have a variety of
symptoms, including lightheadedness, disorientation, confusion,
momentary loss of awareness, eye or face twitching, altered
vision or jerking or shaking of arms or legs. If you experience
any of the foregoing symptoms, or if you or your family has a
history of seizures or epilepsy, you should immediately stop
using the Web Site and consult a doctor.
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Applicable Laws.
We control and operate the Web Site from our offices in the
United States of America. We do not represent that materials on
the Web Site are appropriate or available for use in other
locations. Persons who choose to access the Web Site from other
locations do so on their own initiative, and are responsible for
compliance with local laws, if and to the extent local laws are
applicable. All parties to these terms and conditions waive
their respective rights to a trial by jury.
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Termination.
World Prayer Online may terminate, change, suspend or
discontinue any aspect of the Web Site or the Web Site's
services at any time. World Prayer Online may restrict, suspend
or terminate your access to the Web Site and/or its services if
we believe you are in breach of our terms and conditions or
applicable law, or for any other reason without notice or
liability. World Prayer Online maintains a policy that provides
for the termination in appropriate circumstances of the Web Site
use privileges of users who are repeat infringers of
intellectual property rights.
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Changes to Terms of Use.
World Prayer Online reserves the right, at its sole discretion,
to change, modify, add or remove any portion of the Terms and
Conditions, in whole or in part, at any time. Changes in the
Terms and Conditions will be effective when posted. Your
continued use of the Web Site and/or the services made available
on or through the Web Site after any changes to the Terms and
Conditions are posted will be considered acceptance of those
changes.
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Miscellaneous.
The Terms and Conditions, and the relationship between you and
us, shall be governed by the laws of the State of Nebraska,
United States of America, without regard to conflict of law
provisions. You agree that any cause of action that may arise
under the Terms and Conditions shall be commenced and be heard
in the appropriate court in the State of Nebraska, County of
Sarpy, United States of America. You agree to submit to the
personal and exclusive jurisdiction of the courts located within
Sarpy County in the State of Nebraska. Our failure to
exercise or enforce any right or provision of the Terms and
Conditions shall not constitute a waiver of such right or
provision. If any provision of the Terms and Conditions is found
by a court of competent jurisdiction to be invalid, the parties
nevertheless agree that the court should endeavor to give effect
to the parties' intentions as reflected in the provision, and
the other provisions of the Terms and Conditions remain in full
force and effect.
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Supplemental Terms.
None:
These Terms and Conditions were revised 7/13/2008. |
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