Warner Press Terms of Use

 

Effective: November 30, 2017

 

 

These Terms of Use (“Terms”) govern the relationship between you (“you” or “User”) and Warner Press, Inc., an Indiana not-for-profit religious corporation (“we” or “WP”) concerning the WP website www.warnerpress.org (the “Site”) and mobile application(s) (each, an “Application”). By using or accessing this Site and/or this Application, you agree to these Terms, as updated from time to time (provided only those Terms to which you have agreed or are applicable at the time of your visit and/or use will govern). The Site and Application provide a varying range of services, which may require that you review and accept supplemental terms that apply to your use of the Site and the Application. To the extent those supplemental terms conflict with these Terms, the supplemental terms govern.


1. License and Description of Services

 

Subject to your compliance with these Terms, WP grants to you a license to access the Site and/or Application, which may include a variety of services and resources including without limitation informational content about WP, books and audio/visual or video content, spiritual education/development content, and other communications provided by WP. By using the Site and/or Application, you agree to receive certain communications from WP, including without limitation service announcements, administrative messages, and other messages which WP may disseminate from time to time.

 

 

2.Privacy and Submission of Data to WP

 

Any information that you submit to WP is governed by the WP Privacy Policy, which is incorporated herein. Certain functions and services offered through the Site or Application may be provided by a third party in which case those third parties’ privacy policies may also apply where indicated. You acknowledge and agree that WP has no control over and is not responsible for the privacy practices of any third party. Additionally, by using the Site, you acknowledge and agree that internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.

 

 

3.Account Registration

 

For certain services or purchases you may be asked to create an account by providing WP with current and accurate information as prompted by the registration form. You are solely responsible for maintaining the confidentiality of your name and password and for any activity which occurs under your account. You agree to notify WP as soon as reasonably possible if you become aware of unauthorized use of your account or other security breach. WP will not be liable for any loss that you may incur as a result of a third party accessing or using your account, either with or without your knowledge. If you create an account with WP directly through the Site or Application, your account status is subject to compliance with these Terms.

 

 

4.WP Content

 

All text, graphics, images, music, video, audio, text, animation, widgets, user interfaces, trademarks, logos, software code, and other copyrighted or otherwise proprietary content (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, and arrangement of such Content, contained on or within the Site or Application is owned, controlled, or licensed by or to WP, and is protected by trade dress, copyright, and trademark laws, and various other intellectual property rights and unfair competition laws.

 

Except as expressly provided in these Terms or in a separate license agreement you may enter into with WP, no part of the Site or Application, including Content contained therein, may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, or distributed in any way to any other computer, server, website, or other medium for publication, distribution, or for any enterprise (commercial or non-commercial), without WP’s express prior written consent.

 

You may use information purposely made available by WP for downloading (or other form of distribution) from the Site or Application, provided that you: (1) not remove any proprietary notice language in all copies of such documents; (2) use such information only for your personal, ministry, educational, or informational purposes and do not copy or post such information on any networked computer or otherwise make it publicly available, unless WP communicates in writing its intent for such information to be used in this manner; (3) make no modifications to any such information; and (4) not make any additional representations or warranties relating to such information.

 

 

5.User Content

 

You are solely responsible for all content created, provided, uploaded, linked or posted by you or by any person using a personal account registered to, by or on behalf of you (collectively “User Content”). You hereby agree:

 

  1. to comply with the laws of the United States and the state of Indiana, including without limitation laws governing the transmission of technical data exported from the United States through the Internet and other electronic media;
  2. to comply with all posted policies, rules, procedures, and practices of WP and the Site and/or Application, including without limitation each provision of these Terms of Use;
  3. not to disrupt, interfere with, or access without permission (“hack”) the Site or Application or any website, network, server, system, or computer connected thereto;
  4. not to use the Site or the name of the Site or WP for or in connection with chain letters, junk mail, or spamming, and not to contact any other user without his or her prior consent;
  5. not to create, provide, upload, link, post, or transmit any unlawful, harassing, defamatory, libelous, abusive, threatening or harmful User Content or information on, to or through Site and/or Application;
  6. not to create, provide, upload, link, post, or transmit any User Content or information on, to or through Site or Application which encourages or incites conduct which gives rise to actual or potential criminal or civil liability or violates applicable law; and
  7. not to intentionally interfere with the operation of the Site or Application or the use and enjoyment thereof by other users or third parties.

 

 

6.User Conduct

 

In consideration of WP granting you access to the Site and/or Application, you hereby agree that:

 

  1. You will not attempt to gain unauthorized access to any portion or feature of the Site or Application or any other systems or networks connected to the Site or Application or to any WP server, or to any of the services offered on or through the Site or Application, by hacking, password “mining” or any other illegitimate means.
  2. You will not probe, scan, or test the vulnerability of the Site or Application or any network connected to the Site or Application, nor breach the security or authentication measures on the Site or Application or any network connected to the Site or Application. You may not reverse look-up, trace, or seek to trace any information on any other user of or visitor to the Site or Application, including any WP account not owned by you, or exploit the Site or Application or any service or information made available or offered by or through the Site or Application.
  3. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or Application or WP’s systems or networks, or any systems or networks connected to the Site or Application or to WP.
  4. You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working of the Site or Application or any transaction being conducted on the Site or Application, or with any other person’s use of the Site or Application.
  5. You will not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to WP or through the Site or Application or any service offered on or through the Site or Application. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity when accessing or otherwise using the Site or Application.
  6. You will not use any automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or Application, or in any way reproduce or circumvent the navigational structure or presentation of the Site or Application, to obtain or attempt to obtain any materials, documents, or information through any means not purposely made available through the Site or Application. WP reserves the right to bar any such activity.
  7. You may not use the Site or Application or any Content for any purpose that is unlawful or prohibited by these Terms, or to solicit the performance of any illegal activity or other activity which infringes the rights of WP or others.

 

 

7.Return of Products Purchased from WP

 

Any products purchased from the Site and/or Application are subject to WP’s Return Policy, incorporated herein by reference.

 

 

8.Access to Site and Application/Violation of Terms

 

You understand and agree that you are solely responsible for obtaining access to the Site and Application, which may involve equipment and third party fees (such as internet service provider fees, airtime charges, or other charges associated with the display and delivery of electronic communications).

 

You agree that WP may, for any reason or no reason and without prior notice, at WP’s sole discretion, immediately terminate your account and/or access to the Site or Application at any time and for any reason, and shall not be liable to you or any third party for any termination of your account or access to the Site or Application. You agree that WP will not be liable to you or to any third party for termination of your access to the Site or Application as a result of any violation of these Terms.

 

WP may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site or Application, or to identify, contact, or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) WP’s rights or property, or the rights or property of visitors to or Users of the Site or Application. WP reserves the right at all times to disclose any information that WP deems necessary to comply with any applicable law, regulation, legal process, or governmental request. WP also may disclose your information when WP determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes. To the extent that this paragraph conflicts with the WP Privacy Policy, this paragraph shall govern.

 

You acknowledge and agree that WP may preserve any transmittal or communication by you with WP through the Site or Application or any service offered on or through the Site or Application, and may also disclose such data if required to do so by law or WP determines that such preservation or disclosure is reasonably necessary to: (1) comply with legal process; (2) enforce these Terms of Use; (3) respond to claims that any such data violates the rights of others; or (4) protect the rights, property or personal safety of WP, its employees, users of or visitors to the Site or Application, and the public.

 

 

9.Mobile Devices

 

There is no fee to access the public portions of the Site or Application but your carrier’s rates and fees, including without limitation data charges and restrictions, may apply.

 

 

10.Modification of Service

 

WP reserves the sole and exclusive right to change, suspend, or terminate the Site and/or Application and all related services at any time and from time to time with or without cause or prior notice. WP is not liable to you or any third party for any change to, suspension, or termination of the Site or Application or related services.

 

 

11.Modification of Terms

 

Should WP change any of the Terms above, it will display them on the Site and Application. For your convenience and future reference, the date of the version of these Terms is set forth above. Your continued use of the Site and the Application is your consent that you agree to the Terms of Service, so please be sure to check back periodically. Please review these Terms frequently as WP may modify them from time to time. As provided in the disclaimer above, only the Terms which you have accepted or that are in effect at the time of your use will apply to you.

 

 

12.Copyright Claims.

 

We respect the intellectual property rights of our Users and other third parties. If you believe a User has wrongfully posted User Content to the Site to which you are the rightful owner, you may send WP a takedown notice in accordance with the requirements of the Digital Millennium Copyright Act. Such notice should be sent to Warner Press, Inc., Attn: [contact person], 2902 Enterprise Drive, Anderson, Indiana 46012, or by email with “DMCA Notice” in the subject line to [contact person’s email].

 

 

13.Links to Other Websites

 

The Site or Application may contain links to other independent third party web sites (“Linked Sites”). These Linked Sites are provided solely as a convenience to you and our users. Such Linked Sites are not under WP’s control, and WP is not responsible for and does not endorse the content of such Linked Sites.

 

 

14.Void Where Prohibited

 

Although the Site is accessible worldwide, not all features, products, or services discussed, referenced, provided, or offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. WP reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product, or service to any person or geographic area. Any offer for any feature, product, or service made on the Site is void where prohibited. If you choose to access the Site from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.

 

 

15.Disclaimer

 

USER AGREES TO USE THE SITE AND/OR APPLICATION AT USER’S SOLE RISK AND RESPONSIBILITY. ACCESS TO THE SITE AND/OR APPLICATION, RELATED WEBSITES, AND SERVICES IS PROVIDED ON AN “AS-IS”, “AS-AVAILABLE” BASIS WITH NO EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WP SPECIFICALLY DISCLAIMS ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES TO THE EXTENT PERMITTED BY APPLICABLE LAW AND MAKES NO WARRANTY OR REPRESENTATION THAT THE SITE AND/OR APPLICATION, RELATED WEBSITES, OR SERVICES: (A) WILL MEET THE NEEDS OR REQUIREMENTS OF USER OR WILL BE COMPATIBLE WITH ANY HARDWARE, SERVER, SYSTEM, NETWORK, OPERATING SYSTEM, SOFTWARE, INTERNET SERVICE PROVIDER, OR OTHER TECHNICAL SPECIFICATIONS; (B) WILL BE AVAILABLE, RELIABLE, UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; (C) WILL PROVIDE OR ENABLE USER TO ACHIEVE A GIVEN OR DESIRED RESULT, OR (D) WILL BE REPAIRED, UPGRADED, DEBUGGED, OR FUNCTION WITHOUT ERROR, MISTAKE, OR OMISSION. WP MAKES NO WARRANTY AND ACCEPTS NO RESPONSIBILITY OR LIABILITY FOR CONTENT, INFORMATION, ADVICE, GOODS, OR SERVICES PURCHASED OR OBTAINED THROUGH THE SITE AND/OR APPLICATION, OR RESULTING FROM OR ARISING OUT OF THE SITE AND/OR APPLICATION OR CONTENT. THIS DISCLAIMER OF WARRANTIES MAY ONLY BE AMENDED OR MODIFIED BY A WRITTEN INSTRUMENT SIGNED BY AN AUTHORIZED REPRESENTATIVE OF WP WHICH SPECIFICALLY STATES THAT IT MODIFIES THESE TERMS OF USE AND MAY NOT BE ALTERED, MODIFIED, OR ELIMINATED IN ANY OTHER MANNER, INCLUDING WITHOUT LIMITATION ADVICE, INFORMATION, OR TECHNICAL SUPPORT GIVEN OR RECEIVED FROM WP OR THE SITE AND/OR APPLICATION. EXCLUSIONS, LIMITATIONS, AND DISCLAIMERS CONTAINED IN THIS DISCLAIMER OF WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW. THE RIGHTS OF INDIVIDUAL USERS MAY VARY BY JURISDICTION.

 

 

16.Indemnity

 

You agree to indemnify and hold WP, its officers, directors, board members, PARENT ORGANIZATIONS, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against WP by any third party due to or arising out of or in connection with your violation of these Terms.

 

 

17.Limitation of Liability

 

Except where prohibited by law, in no event will WP be liable to you for any indirect, consequential, exemplary, incidental, or punitive damages, including lost profits, arising out of or related to your use of the Site or Application, even if WP has been advised of the possibility of such damages.

 

If, notwithstanding the other provisions of these Terms, WP is found to be liable to you for any damage or loss which arises out of or is related to your use of the Site or Application, WP’s liability shall in no event exceed the greater of: (1) the total fee charged by WP for any product, service, or feature of or on the Site or Application GIVING RISE TO the initial claim made against WP, or (2) U.S. $100.00. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.

 

 

18.Assignment

 

The license granted to you subject to your compliance with these Terms is not assignable and may not be assigned or transferred to any third party.

 

 

19.Severability and Waiver

 

If any provision of these Terms is found to be invalid, unenforceable, or illegal, the remaining terms and provisions will remain valid and enforceable. A waiver of any breach under these Terms will not constitute waiver of any rights or future breach and no waiver will be binding except in a signed writing.

 

 

20.Governing Law

 

You agree that all matters relating to your access to or use of the Site or Application, including all disputes, will be governed by the laws of the United States and by the laws of the State of Indiana without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the courts of Madison County, Indiana, and waive any objection to such jurisdiction or venue. Any claim under these Terms must be brought within two (2) years after the cause of action arises, or such claim or cause of action is barred. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees. In the event of any controversy or dispute between WP and you arising out of or in connection with your use of the WP Sites, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.

 

 

21.Entire Agreement

 

Except as otherwise provided herein, these Terms constitute the entire agreement of the parties concerning the Site, Application, and other matters referenced herein and supersede any prior oral or written understandings regarding said matters.

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