Table of Contents
1. Acceptance of Terms
2. Registration and Security
3. Display of FaithVillage.com badge
4. Purpose of Member pages
5. Member Content
6. Inappropriate Content
8. Intellectual Property
9. Digital Millennium Copyright Act
10. License and Use of Member Content and Ideas
11. Third Party Copyrights
12. Links to this Site
13. Links to other Sites
14. Electronic Communications
15. Changes and Updates to These Terms
16. Technical Assistance
17. No Warranty; Disclaimers
19. Limitation of Liability
21. Choice of Law; Dispute Resolution
1. Acceptance of Terms. The website located at www.FaithVillage.com is owned and operated by FaithVillage, a service of The Baptist Standard Publishing Company, a Texas non-profit corporation (“FaithVillage”), and any person or entity to whom it has assigned such interest or designated to perform such functions. By using this website and the information it offers (collectively, the “Site”), you indicate your acceptance of these Terms of Service (the “Terms”).
2. Registration and Security. To participate on the Site in areas for social media, blogs, forums, comments and e-commerce, you are required to register. FaithVillage does not encourage, solicit, or permit visitors who are under the age of 13 to become a member of or visit the Site. As part of the registration process, you will select a Member name and password and may be required to provide certain information. AS FAITHVILLAGE VALUES AUTHENTICITY AND DOES NOT PERMIT PSEUDONYMS OR IMPERSONATIONS OF ANYONE OR ANYTHING, THE MEMBER NAME SHOULD BE A REASONABLE REPRESENTATION OF YOUR REAL NAME. YOUR REAL NAME WILL APPEAR AS YOUR IDENTITY WHEN ACCOMPANYING COMMENTS AND POSTS. The Site may disallow the use of any Member name that the Site, in its sole and absolute discretion, deems offensive, inappropriate or suspected to not be sufficiently connected to your identity.
You affirm that the information you supply during the registration process is true, accurate, current, and complete information about yourself. If the information becomes inaccurate, it is your responsibility to update your registration. If the Site believes your registration information is untrue, inaccurate, incomplete, or outdated, the Site may suspend or terminate your use of the Site at any time and without any notice to you. You are responsible for preserving the confidentiality of your password and for the actions of persons accessing the Site through Member names and passwords selected by you. You agree to notify the Site immediately of any unauthorized use of your Member name or password.
3. Display of FaithVillage.com Blog Badge. If you join the FaithVillage blog community, you must continuously display the FaithVillage.com blog badge (“Badge logo”) and link on the sidebar of each blog you create on the Site. Blogs not hosted on the Site’s server also must continuously display the FaithVillage.com Badge logo and link in the sidebar. The FaithVillage.com Badge logo remains the sole and exclusive property of the Site. FaithVillage grants a non-transferable limited license to use the Badge logo solely for the purpose of identifying blogs hosted by or displayed on the Site. A condition of this limited license is that the blog have the highest quality standards as determined by FaithVillage. This limited license is terminable at will by FaithVillage. Any rights or good will created in the Badge logo or in any other trademark, service mark, trade dress, or copyright associated with the use of the Badge logo always inures solely to FaithVillage.
4. Purpose of Member Pages. Member pages hosted on the Site’s server are not intended or provided for the purposes of generating revenue for the Members of blogs, social media pages or forums unless they have entered into a preferred content partner arrangement with the Site. The sale of any items directly on Member pages, with the exception of the Idea Factory, or placement of advertisements for services or products sold or provided by third parties are strictly prohibited. Bloggers with blogs on the Site’s server may generally place links in a blog to other websites that offer services or products for sale and may provide certain information about the blogger’s activities, products or business, however, the Site retains the right to remove at any time and without any notice to you, any links, blogs, materials or portions thereof it deems inappropriate, in its sole and absolute discretion. You may not accept any funds through the Site by any means, including, without limitation, credit card or PayPal payments. You may not use the Site for illegal purposes or for any purpose that the Site determines, in its sole and absolute discretion, to be inappropriate.
5. Member Content. If you believe that a posting on the Site is inaccurate, you are solely limited to posting a rebuttal. FaithVillage does not remove postings at the request of the Members. Please note that FaithVillage is a provider of an interactive computer service under the Communications Decency Act or “CDA,” (see 47 U.S.C. § 230). The CDA provides that when a user writes and posts material on a website, the website itself cannot, in most cases, be held legally responsible for the posted material. Specifically, 47 U.S.C. § 230(c)(1) states, “No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider.” Because the comments and opinions on the Site are authored by users of the Site, FaithVillage is not liable for the content even if it contains false or inaccurate information.
To be of use to our users, we need to encourage a large volume of posting. Given the volume, we do not assume any duty to monitor the accuracy of the information our users may choose to post. However, the Site reserves the right to remove and delete, at any time and without any notice, any Member Content hosted on the Site’s server, including blogs, text, files, links, attachments, comments, or other materials posted on the Site’s server (collectively, "Member Content"), or any other Site content that is inappropriate or otherwise warrants removal in the opinion of the Site in its sole and absolute discretion.
6. Inappropriate Content. You may not post inappropriate Member Content on the Site. Inappropriate Member Content includes anything the Site, in its sole and absolute discretion, determines to be offensive or inappropriate for inclusion or use on the Site including, without limitation, Member Content that is:
(a) impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with any person or entity, or create a false identity for purposes of misleading others;
(b) upload, post, e-mail or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, false, misleading, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
(c) upload, post, e-mail or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
(d) upload, post, e-mail or otherwise transmit any content that you do not have the right to publicize under law (such as inside trading information);
(e) upload, post, e-mail 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, network, hardware or telecommunications equipment;
(f) post chain letters or pyramid schemes; harvest or otherwise collect information about others (including email addresses) without their consent; or post the same information more than once or “spam” or any other form of solicitation;
(g) use automated scripts to collect information from or otherwise interact with the Site;
(h) violate any applicable local, state, national or international law;
(i) provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act; or
(j) post other people’s personal identification, contact or confidential information, including but not limited to credit card numbers, Social Security numbers, driver’s and other license numbers, passwords, Member names, phone numbers, addresses, and email addresses.
You must be courteous to other users of the Site. Personal attacks are grounds for being banned. If you have a problem with something that another member has posted in the forums please contact us. Do not post a personal attack in response. Harassing members of the Site in any way will not be tolerated. If a member has advised you that they do not wish for you to contact them, it is your responsibility to respect this request. Violating this Agreement may lead to you being immediately and permanently banned, with notification to your Internet Service Provider if deemed necessary by the Site, in its sole and absolute discretion. The IP addresses of all posts are recorded to aid in enforcing this Agreement.
You agree that the Site assumes no responsibility for monitoring the Site or any blog contained therein for inappropriate Member Content or conduct. If at any time the Site chooses, in its sole and absolute discretion, to monitor the blogs or other Member Content, the Site nonetheless assumes no responsibility for the Member Content, no obligation to modify or remove any inappropriate Member Content, and no responsibility for the conduct of the Member submitting any such Member Content.
7. Termination. At any time and without notice to you, the Site may terminate your use of the Site with or without cause, including, without limitation, if the Site believes that you have violated or acted inconsistently with this Agreement. In the event of termination, all representations, warranties, indemnifications, and promises made by you shall survive. The Site may also modify or discontinue providing the Site, or any part thereof, with or without notice. The Site is not liable to you or any third party for any termination of your access to the Site, any modification or termination of the Site, or any loss of content.
8. Intellectual Property. As the Site owned and operated by FaithVillage contains material that is derived in whole or in part from material supplied and owned by FaithVillage, Baptist Standard Publishing and other publishing partners, all materials on the site, including, without limitation, all trademarks and logos, are protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.
FaithVillage’s logos, and other trademarks, service marks, labels, product names and service names (collectively, the “Marks”) are owned or licensed by FaithVillage. You agree not to copy, display or otherwise use any of the Marks without the prior written permission of FaithVillage. Notwithstanding the foregoing, the Marks may not be used in any manner likely to cause confusion, disparage or dilute these marks and/or in connection with any product or service that is not authorized or sponsored by FaithVillage.
“Copyright 2010 FaithVillage. All rights reserved” applies to all text, images, logos, designs and content (“Material”) that make up the FaithVillage brand in this Site, as well as products and services derived from and supporting it. None of the Material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of FaithVillage or its licensees.
FaithVillage does offer individuals a Creative Commons 3.0 License, unless qualified by an explicitly stated usage policy by a third-party content partner, giving Members the following rights to reproduce site content:
You are free:
to Share — to copy, distribute and transmit the work
Under the following conditions:
Attribution — You must attribute the work in the manner specified by the author or licensor (but not in any way that suggests that they endorse you or your use of the work). You must provide attribution to both FaithVillage and the original content creator, if any (e.g “attributed to WorldVision via FaithVillage.com”).
Noncommercial — You may not use this work for commercial purposes.
No Derivative Works — You may not alter, transform, or build upon this work.
With the understanding that:
Waiver — Any of the above conditions can be waived if you get permission from the copyright holder.
Public Domain — Where the work or any of its elements is in the public domain under applicable law, that status is in no way affected by the license.
Other Rights — In no way are any of the following rights affected by the license:
Your fair dealing or fair use rights, or other applicable copyright exceptions and limitations;
The author's moral rights;
Rights other persons may have either in the work itself or in how the work is used, such as publicity or privacy rights.
Notice — For any reuse or distribution, you must make clear to others the license terms of this work. The best way to do this is with a link to this web page.
The licenses granted herein terminate automatically if you breach any term or condition set forth in the Terms. Upon termination of the licenses, you must immediately destroy any downloaded or printed Materials.
Inquiries concerning the use of FaithVillage text, photos, video, audio and other content should be addressed to FaithVillage Site Administrator, 7161 Bishop Rd., Plano, Texas 75024.
9. Digital Millennium Copyright Act. You may not post Member Content that infringes any third party’s intellectual property rights. It is the Site’s policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act (the "DMCA"). Please be aware that, in order to be effective, your notice of claim must comply with the detailed requirements set forth in the DMCA. You are encouraged to review them (see 17 U.S.C. § 512(c)(3)) before sending your claim. If the Site removes a blog or post or disables access to a blog to comply with the DMCA, it will make a good-faith attempt to contact the owner or administrator of each affected blog so that they may make a counter notification pursuant to section 512(g)(2) and (3) of the DMCA. It is the Site’s policy to document all notices of alleged infringement on which it acts.
In the event you believe material or content published on the Site may infringe on your copyright or on another’s copyright, please provide detailed written notice of such possible infringement to FaithVillage’s Designated Agent:
Mail: 7161 Bishop Rd., Plano, Texas 75024
Phone: (214) 630-4571 Facsimile: (214) 638-8535
11. Third Party Copyrights. FaithVillage respects the intellectual property of authors and creators of written works and visual images and we ask our users to do the same. A copyright exists in nearly all text, images and artwork. Copyright vests in its owner the exclusive right to make copies, publicly distribute copies, publicly display the work, and prepare other works based on the original. Federal law provides both civil and criminal penalties for violation of a copyright. FaithVillage and this Site’s users are each subject to the copyright laws. You represent and warrant that you possess all necessary rights to use the content that you submit to FaithVillage and that use of such content does not violate the foregoing. You agree to defend, indemnify, and hold us harmless from and against any and all claims arising out of or relating to any content that you submit to us. If you have any questions, you should consult a lawyer who specializes in intellectual property law.
12. Links to This Site. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the Site so long as the pages that are activated by the link do not: (a) create frames around any page on this Site or use other techniques that alter in any way the visual presentation or appearance of any content within this Site; (b) misrepresent your relationship with FaithVillage; (c) imply that FaithVillage approves or endorses you, your website, or your service or product offerings; and (d) present false, derogatory, misleading or otherwise offensive impressions about FaithVillage or its products or services or otherwise damage the goodwill associated with the FaithVillage name or trademarks. You may not use any FaithVillage logo or other proprietary graphic or trademark as part of the link without express written permission. As a further condition to being permitted to link to this Site, you agree that FaithVillage may at any time, in its sole discretion, terminate permission to link to this Site. In such event, you agree to immediately remove all links to this Site.
14. Electronic Communications. If you register on the Site, you hereby authorize the Site to send you Site newsletters and email communications.
15. Changes and Updates to These Terms. The Site may at any time modify, add to, or remove portions of the terms of this Agreement, without prior notice. It is your responsibility to check this Agreement periodically for changes. FaithVillage will provide notice of any updates, revisions, supplements, modifications or amendments to this Agreement on the Site’s homepage. By continuing to use and maintain Member Content on the Site after the Site’s posting of such changes, you agree to be bound by this Agreement, as modified. Your use of the Site is subject to the most current version of this Agreement.
16. Technical Assistance. The Site is not responsible for providing any technical assistance beyond a voluntary good-will effort to facilitate Site usage.
17. No Warranty; Disclaimers. THE SITE IS PROVIDED "AS IS," AND FAITHVILLAGE AND ITS LICENSEES, SUPPLIERS AND COBRANDED PARTNERS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS EXPRESSLY DISCLAIM ALL WARRANTIES OR CONDITIONS OF ANY KIND (EXPRESS, IMPLIED, OR STATUTORY), INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, PERFORMANCE, NON-INTERFERENCE WITH INFORMATION, AND ACCURACY OF INFORMATIONAL CONTENT. WITHOUT LIMITING THE FOREGOING, THE FAITHVILLAGE ORGANIZATION DOES NOT PROMISE OR WARRANT TO YOU THAT ANY ASPECT OF THE SITE WILL WORK PROPERLY, OPERATE ERROR-FREE, OR WILL BE AVAILABLE CONTINUOUSLY. FAITHVILLAGE ASSUMES NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, THE SITE OR ANY USER COMMUNICATIONS. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FAITHVILLAGE OR THROUGH THIS SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
18. Limitation of Liability. YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE FAITHVILLAGE ORGANIZATION AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS ARE NOT LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF THE FAITHVILLAGE ORGANIZATION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), HOWEVER ARISING (INCLUDING NEGLIGENCE).
IF YOU ARE DISSATISFIED WITH THE SITE, OR ANY OF THE INFORMATION CONTAINED THEREON, OR REFUSE TO ABIDE BY THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE YOUR USE OF THE SITE. FURTHER, IN NO EVENT WILL THE FAITHVILLAGE ORGANIZATION BE LIABLE TO YOU FOR ANY CLAIMS ARISING FROM YOUR USE OF THE SITE OR THESE TERMS IN AN AMOUNT GREATER THAN U.S. $50.00. FAITHVILLAGE SHALL NOT BE HELD LIABLE FOR ANY REPRESENTATIONS ON OR THROUGH THIRD PARTY SITES.
19. Release. Should you have a dispute with a user, you agree that you release FaithVillage, its subsidiaries, affiliates, officers, agents, cobranded partners or other partners, and employees from all claims, demands, and damages (actual and consequential) of any kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of, or in any way connected with such a dispute.
20. Indemnity. You agree to indemnify, defend, and hold the Site, and its subsidiaries, affiliates, officers, agents, cobranded partners or other partners, and employees, harmless from any claims, damages, expenses (including reasonable attorneys’ fees), allegations, losses, and liabilities arising from or related to (a) any violation by you of this Agreement, (b) your use of the Site, (c) Member Content that you submit, post to, or transmit through the Site, and (d) your access to or use of linked sites.
21. Dispute Resolution; Choice of Law; Venue. Any dispute arising between you and FaithVillage (whether grounded in contract, tort, statute, law or equity) or relating in any way to this Agreement or the Site, your access to or use of the Site, or your purchases made on the Site, will be resolved, individually, through binding arbitration in Plano, Texas, using the then-current rules of the American Arbitration Association, and the resulting decisions may be entered in any court with proper jurisdiction. This means that if you have a grievance with FaithVillage, you cannot take FaithVillage to court, and you may not join your action with any other party. You can address such grievances through arbitration only, and you are hereby consenting to do so in Plano, Texas, using Texas laws (without regard to Texas rules on conflict of laws). To the fullest extent allowed by law, any such controversy or claim must be arbitrated on an individual basis, and will not be consolidated in any arbitration with any claim or controversy of any other party. Notwithstanding the foregoing, either party may seek any interim or preliminary relief from a court of competent jurisdiction in Collin County, Texas, as necessary to protect the party’s rights or property pending the completion of arbitration.
Any dispute must be raised within one (1) year after the date the cause of action arose. Failure to provide the written documentation within this timeframe will render all claims related to the dispute null and void.
FaithVillage’s principal office is in the State of Texas and this Site is controlled by FaithVillage from its offices within the State of Texas, United States of America. The Site can be accessed from all 50 states, as well as from other countries around the world. As each of these jurisdictions has laws and regulations that may differ from those of Texas, by accessing this Site both you and FaithVillage agree that the statutes and laws of the State of Texas, without regard to conflicts of laws principles thereof, will apply to all matters relating to use of this Site (whether grounded in tort, contract, law or equity).
This contract is fully performable in Collin County, Texas. The Parties hereto waive any challenge to personal jurisdiction or venue (including without limitation a challenge based on inconvenience) in Collin County, Texas. For any matter not governed by the arbitration clause above, the Parties specifically consent to the jurisdiction of the State District Courts of Collin County, and the United States District Court for the Northern District of Texas, Dallas Division.
22. Fees. FaithVillage reserves the right to charge fees, surcharges and/or membership fees for use of the Site at any time upon thirty (30) days' prior written notice to you.