- Definitions
| A. |
"FamilyChristian.com" is the
interactive on-line service operated by Family Christian Stores®
Inc. ("FCS") on the World Wide Web of the Internet, consisting
of information services and content provided by FCS, affiliates
of FCS and other third parties. |
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| B. |
"Subscriber" means each person who establishes or accesses a connection ("account") for access to and use of familychristian.com. |
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- General
This Agreement, which incorporates by reference other provisions applicable to use of FamilyChristian.com, including (but not limited to) supplemental terms and conditions set forth in paragraph 13 hereof ("Supplemental Terms") governing the use of certain specific material contained in FamilyChristian.com, sets forth the terms and conditions that apply to use of FamilyChristian.com by Subscriber. By using FamilyChristian.com (other than to read this Agreement for the first time), Subscriber agrees to comply with all of the terms and conditions hereof. The right to use FamilyChristian.com is personal to Subscriber and is not transferable to any other person or entity. Subscriber is responsible for all use of Subscriber's Account (under any screen name or password) and for ensuring that all use of Subscriber's Account complies fully with the provisions of this Agreement. Subscriber shall be responsible for protecting the confidentiality of Subscriber's password(s), if any. FCS shall have the right at any time to change or discontinue any aspect or feature of FamilyChristian.com, including (but not limited to) content, products, hours of availability, and equipment needed for access or use.
- Modify Terms
FCS shall have the right at any time to change or modify the terms and conditions applicable to Subscriber's use of FamilyChristian.com, or any part thereof, or to impose new conditions, including (but not limited to) adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including (but not limited to) posting on FamilyChristian.com, or by electronic or conventional mail, or by any other means by which Subscriber obtains notice thereof. Any use of FamilyChristian.com by Subscriber after such notice shall be deemed to constitute acceptance by Subscriber of such changes, modifications or additions.
- Equipment
Subscriber shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of FamilyChristian.com and all charges related thereto.
- Subscriber Conduct
| A. |
Subscriber shall use FamilyChristian.com for lawful purposes only. . Subscriber shall not post or transmit through FamilyChristian.com any material that violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without FCS's express prior written approval, contains advertising or any solicitation with respect to products or services. Any conduct by a Subscriber that in FCS's sole discretion restricts or inhibits any other Subscriber from using or enjoying FamilyChristian.com will not be permitted. Subscriber shall not use FamilyChristian.com to advertise or perform any commercial solicitation, including (but not limited to) the solicitation of users to become Subscribers of other on-line information services competitive with FamilyChristian.com or FCS. |
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| B. |
FamilyChristian.com contains copyrighted material, trademarks and other proprietary information, including (but not limited to) text, software, photos, video, graphics, music and sound, and the entire contents of FamilyChristian.com are copyrighted as a collective work under the United States copyright laws. FCS owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. Subscriber may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part. Subscriber may download copyrighted material for Subscriber's personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express written permission of FCS and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. Subscriber acknowledges that it does not acquire any ownership rights by downloading copyrighted material. |
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| C. |
Subscriber shall not upload, post or otherwise make available on FamilyChristian.com any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with Subscriber. . Subscriber shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of FamilyChristian.com, Subscriber automatically grants, or warrants that the owner of such material has expressly granted FCS the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. Subscriber also permits any other Subscriber to access, view, store or reproduce the material for that Subscriber's personal use. Subscriber hereby grants FCS the right to edit, copy, publish and distribute any material made available on FamilyChristian.com by Subscriber. |
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| D. |
The foregoing provisions of Section 5 are for the benefit of FCS, its affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf. |
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- Disclaimer of Warranty; Limitation of Liability
| A. |
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FAMILYCHRISTIAN.COM IS PROVIDED TO SUBSCRIBER "AS IS" AND WITH ALL FAULTS WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND. SUBSCRIBER'S USE OF FAMILYCHRISTIAN.COM IS AT ITS SOLE RISK. FCS, ITS AFFILIATES, AND EACH OF ITS AND THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, AND LICENSORS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH REGARD TO FAMILYCHRISTIAN.COM AND ITS INFORMATION, SERVICE AND MERCHANDISE, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, TITLE, NONINFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, LACK OF VIRUSES, ACCURACY OR COMPLETENESS, RESULTS, AND LACK OF NEGLIGENCE. THE ENTIRE RISK ARISING OUT OF USE OF FAMILYCHRISTIAN.COM REMAINS WITH SUBSCRIBER. |
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| B. |
FCS MAKES NO REPRESENTATIONS OR WARRANTIES THAT (i) FAMILYCHRISTIAN.COM WILL MEET SUBSCRIBER'S REQUIREMENTS, (ii) FAMILYCHRISTIAN.COM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF FAMILYCHRISTIAN.COM WILL BE ACCURATE OR RELIABLE, OR (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY SUBSCRIBER THROUGH FAMILYCHRISTIAN.COM WILL MEET ITS EXPECTATIONS. FCS UNDERTAKES NO OBLIGATION TO UPDATE, AMEND OR CLARIFY FAMILYCHRISTIAN.COM. |
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| C. |
This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortuous behavior, negligence, or under any other cause of action. Subscriber specifically acknowledges that FCS is not liable for the defamatory, offensive, or illegal conduct of other Subscribers or their parties and that the risk of injury from the foregoing rests entirely with Subscriber. |
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| D. |
IN NO EVENT WILL FCS , OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING FAMILYCHRISTIAN.COM OR THE SOFTWARE, BOOKS, MUSIC OR OTHER PRODUCTS AVAILABLE AT FAMILYCHRISTIAN.COM BE LIABLE FOR ANY DAMAGES, INCLUDING (WITHOUT LIMITATION) DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE FAMILYCHRISTIAN.COM. . SUBSCRIBER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT, PRODUCTS AND SERVICES ON FAMILYCHRISTIAN.COM. |
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| E. |
Subscribers or their parties are solely entitled to the manufacturer's warranty, if any, on any product purchased at FamilyChristian.com.FCS makes no additional or independent warranties of any kind. |
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| F. |
In addition to the terms set forth above, neither FCS nor its affiliates, information providers or content partners shall be liable regardless of the cause or duration, for any errors, inaccuracies, omissions, or other defects in, or untimeliness or unauthenticity of, the information contained within FamilyChristian.com, or for any delay or interruption in the transmission thereof to the user, or for any claims or losses arising therefrom or occasioned thereby. . None of the foregoing parties shall be liable for any third-party claims or losses of any nature, including (but not limited to) lost profits, punitive or consequential damages. Prior to the execution of a stock trade, Subscribers are advised to consult with their broker or other financial representative to verify pricing or other information. FCS, its affiliates, information providers, or content partners shall have no liability for investment decisions based upon the information provided on FamilyChristian.com. Neither FCS nor its affiliates, information providers or content providers warrant or guarantee the timeliness, sequence, accuracy, or completeness of this information. Additionally, there are no warranties as to the results obtained from the use of the information. |
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- Monitoring
FCS shall have the right, but not the obligation, to monitor the content of FamilyChristian.com, including chat rooms and forums, to determine compliance with this Agreement and any operating rules established by FCS and to satisfy any law, regulation or authorized government request. FCS shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on FamilyChristian.com. Without limiting the foregoing, FCS shall have the right to remove any material that FCS, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
- Indemnification
Subscriber agrees to defend, indemnify and hold harmless FCS, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of the use of FamilyChristian.com by Subscriber or under Subscriber's Account.
- Termination
Either FCS or Subscriber may terminate this Agreement at any time. Without limiting the foregoing, FCS shall have the right to immediately terminate Subscriber's Account in the event of any conduct by Subscriber which FCS, in its sole discretion, considers to be unacceptable, or in the event of any breach by Subscriber of this Agreement. The provisions of Sections 5(B), 5(C), 5(D), 6, 8, 10 and this Section 9 shall survive termination of this Agreement.
- Trademarks
FCS, FamilyChristian.com, and "Family Christian Stores®" are servicemarks of Family Christian Stores®, Inc. All other trademarks and servicemarks are the property of their respective owners.
- Third Party Content
FCS is a distributor (and not a publisher) of content supplied by third parties and Subscribers. Accordingly, FCS has no more editorial control over such content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, Subscribers or any other user of FamilyChristian.com, are those of the respective author(s) or distributor(s) and not of FCS. Neither FCS nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. (Refer to Section 6 above for the complete provisions governing limitation of liabilities and disclaimers of warranty.)
In many instances, the content available through FamilyChristian.com represents the opinions and judgments of the respective information provider, Subscriber, or other user not under contract with FCS. FCS neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on FamilyChristian.com by anyone other than authorized FCS employee spokespersons while acting in their official capacities. Under no circumstances will FCS be liable for any loss or damage caused by a Subscriber's reliance on information obtained through FamilyChristian.com. It is the responsibility of Subscriber to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through FamilyChristian.com. Subscriber shall seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content.
Linked sites are not under the control of FCS and FCS is not responsible for the content of any linked site or any link contained in a linked site. FCS reserves the right to terminate any link or linking program at any time. FCS provides such links only as a convenience to Subscriber. FCS has not endorsed, tested or verified any information, programs, companies, or products on sites to which it links. If Subscriber decides to access any third party sites linked to FamilyChristian.com, Subscriber does so entirely at Subscriber's own risk.
- Miscellaneous
This Agreement and any operating rules for FamilyChristian.com established by FCS constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be construed in accordance with the laws of the State of Michigan, without regard to its conflict of laws rules. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only.
- Supplemental Terms
As set forth in the FamilyChristian.com Service Agreement which governs the use of FamilyChristian.com, please be advised that neither FCS nor its affiliates, information providers or content partners shall be liable regardless of the cause or duration, for any errors, inaccuracies, omissions, or other defects in, or untimeliness or unauthenticity of, the information contained within FamilyChristian.com, or for any delay or interruption in the transmission thereof to the user, or for any claims or losses arising therefrom or occasioned thereby. None of the foregoing parties shall be liable for any third-party claims or losses of any nature, including (but not limited to) lost profits, punitive or consequential damages. All products are offered subject to availability. Prices, promotions and/or discounts may be changed without notice.
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