TERMS AND CONDITIONS OF USE
November 5, 2009
By using any part of this Site, you acknowledge that you have read these Terms and Conditions, understand them, and agree to be bound by their terms and conditions. Paragraph 13 of these Terms and Conditions includes a provision binding you to arbitration of any dispute you may have with respect to your use of the Site, pursuant to which you relinquish your right to bring an action in court and to a jury trial. Specific reference is made to that provision, to which you agree by using any part of this Site.
ANY USER RESIDENT IN THE EUROPEAN UNION, BY USE OF THE SITE TO MAKE A DONATION, SUBMISSION OR SUBSCRIPTION TO, OR MAKE A PURCHASE FROM, ABS, UNAMBIGUOUSLY AND FREELY SIGNIFIES ACCEPTANCE OF ANY RESULTING TRANSFER OF THEIR PERSONAL DATA OUTSIDE THE EUROPEAN ECONOMIC AREA. IF YOU ARE A USER RESIDENT IN THE EUROPEAN UNION AND YOU DO NOT AGREE WITH OR CONSENT TO THE TRANSFER TO OR ANY OTHER USE BY US OF YOUR PERSONAL DATA, YOU SHOULD NOT USE THE SITE.
Terms and Conditions
- Grant of License. These Terms and Conditions provide you with a personal, revocable, non-exclusive, non-transferable license to use the Site conditioned on your continued compliance with these Terms and Conditions. You may print and download from the Site solely for non-commercial use, as defined in our copyright policies, provided that you comply in all respects with the applicable copyright policy. If you download any content from this site, you may not remove any copyright or trademark notices or other notices that go with it. Use of such content may also be governed by Special Terms, defined herein. With the exception of the foregoing and except as otherwise expressly permitted herein, you may not modify, copy, distribute, broadcast, transmit, reproduce, publish, license, transfer, sell, mirror, frame, "deep link", "scrape", data mine, recompile, decompile, disassemble, reverse engineer, display, upload to, create derivative works or construct a database from, or in any way exploit any part of the site, or otherwise use any information or material obtained from or through the Site. Except in compliance with the terms hereof, you may not post any content from the Site to forums, newsgroups, list serves, mailing lists, electronic bulletin boards, or other Web Sites, without the prior written consent of ABS. You warrant to ABS that you will not use the Site for any purpose that is unlawful or prohibited by these Terms and Conditions, including but not limited to attempting or actually (i) disrupting, impairing or interfering with the Site or any linked Web Site, (ii) collecting any information about other users of the Site or any linked Web Site, including registration information, passwords, accounts or other information, or (iii) systematically extracting data contained in the Site or any linked Web Site to populate databases for internal or external use of any fashion.
- Intellectual Property Rights; Right to Use; Modification of Site. (a) All material contained on the Site, unless otherwise indicated, is protected by law including, but not limited to, United States copyright and trademark law, as well as other state, national, and international laws and regulations. We refer you to Special Terms. (b) The Site, its content, layout and design are the exclusive property of ABS or its licensors and, except as expressly provided herein, ABS does not grant any express or implied right in any such materials to you. The contents of the Site are © americanbible.org. All rights reserved. In particular and without limitation, ABS owns the copyright in the Site as a collective work and/or compilation. ABS also owns the copyright on, or holds a license for, any and all databases accessible on the Site, and in the selection, coordination, arrangement, aggregation and enhancement of the content of the Site. ABS is entitled to use all such databases and Submissions (as defined in Paragraph 11, below) for such purposes not inconsistent with this or other of our agreements with you. If you believe that the Site is infringing copyrights or other intellectual property rights held by you or by someone on whose behalf you are authorized to act, please follow the steps described:
- By e-mail at: email@example.com. Please mark the subject heading of your e-mail, "Licensing"
- By letter sent to us at: Copyrights & Permissions, American Bible Society, 1865 Broadway, New York 10023 Attention: Thomas Durakis, Director, Publishing Services
- Restrictions on Use of the Site. YOU AGREE TO USE THE SITE SOLELY FOR YOUR OWN NONCOMMERCIAL USE AND BENEFIT, AND TO COMPLY WITH ANY OTHER APPLICABLE TERMS AND CONDITIONS OF SERVICE SET FORTH ON THE SITE. You may not use the Site in any manner inconsistent with these Terms and Conditions, including: (a) To use, transfer, distribute, or dispose of any information contained in the Site in any manner that could compete with the business of ABS or any of its suppliers; (b) To use the Site or the information contained therein, including ABS’s trademarks, trade names, service marks, copyrights, or logos, to make or as part of unsolicited mailings or spam material; and (c) When accessing the Site, to upload or send (i) any written or audio message or any still photo or video footage that:
- invades the privacy of another person or group (including the release of last names, addresses, phone numbers, or other personal information),
- is mean-spirited, unlawful, libelous, slanderous, defamatory, offensive, obscene, vulgar, hateful, pornographic, violent, insulting, threatening, abusive, misleading, deceptive, or bigoted (racially, ethnically, or otherwise objectionable),
- advocates or encourages violence against another individual or group or for someone or some group to commit an illegal act or use an illegal substance, or
- contains salacious or inappropriately negative comments about the Bible, Jesus Christ, any other religious sect, text or organization, or contains false or unauthentic text;
- Assumption of Risk. You use the Internet solely at your own risk and subject to all applicable local, state, national, and international laws and regulations. While ABS has endeavored to create a secure and reliable Web Site, please be advised that the confidentiality of any communication or material transmitted to/from a Web Site over the Internet cannot be guaranteed. Accordingly, ABS and its licensors and suppliers are not responsible for the security of any information transmitted via the Internet, the accuracy of the information contained on the Site, or for the consequences of any reliance on such information.
- Links to Other Websites. ABS may provide links, in its sole discretion, to other Web Sites on the World Wide Web for your convenience in locating related information and services. These Web Sites have not necessarily been reviewed by ABS and are maintained by third parties over which ABS exercises no control. Accordingly, ABS expressly disclaims any responsibility for the content, the accuracy of the information, the quality of products or services provided by or advertised on and/or software downloaded from these third party Web Sites. Moreover, these links do not imply an endorsement of any third party or any Web Site or the products or services provided by any third party.
- ABS makes other publishers’ translations of the Bible, and revisions and adaptations of existing translations, available on the site for the convenience of site users. ABS expressly disclaims any responsibility for the content or accuracy of the translations and revisions and adaptations of existing translations not published by ABS. Inclusion of such translations on this site does not imply official endorsement of the translation or its publisher by the American Bible Society or the American Bible Society Eugene A. Nida Institute for Biblical Scholarship.
- Events Beyond ABS’ Control. You expressly absolve and release ABS and its licensors and suppliers from any claim of harm resulting from a cause beyond their control, including, but not limited to, the failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes or other labor problems, wars, terrorism or governmental restrictions. ABS and its licensors and suppliers shall have no liability for interruptions or omissions in Internet, network or hosting services. You assume the sole and complete risk of using the Site.
- DISCLAIMERS. ABS AND ITS LICENSORS AND SUPPLIERS MAKE NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, TO YOU OR ANY OTHER PERSON OR ENTITY AS TO THE ACCURACY, RESULTS, TIMELINESS, COMPLETENESS, MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE WITH RESPECT TO THE SITE, ANY ITEMS, SERVICES OR MATERIALS DOWNLOADED FROM THE SITE (INCLUDING, WITHOUT LIMITATION, WIDGETS AND GADGETS), OR ANY RELATED MATERIALS, PRODUCTS, SERVICES OR INFORMATION. ABS makes no representation that materials on or services available through the Site are appropriate or available for use in any particular location, and access to them from territories where any of the contents of a Web Site are illegal is prohibited. If you choose to access the Site from any such location, you do so on your own volition and are responsible for compliance with any applicable local laws. You agree and acknowledge that no oral or written information or advice given by ABS or any of its employees or agents in respect to the Site shall constitute a representation or a warranty unless such information or advice is incorporated into these Terms and Conditions by a written agreement.
UNDER NO CIRCUMSTANCES WILL ABS OR ITS LICENSORS OR SUPPLIERS BE LIABLE TO YOU—AS A RESULT OF YOUR USE OF THE SITE, ANY ITEMS, SERVICES OR MATERIALS DOWNLOADED FROM THE SITE (INCLUDING, WITHOUT LIMITATION, WIDGETS AND GADGETS), OR ANY RELATED MATERIALS, PRODUCTS, SERVICES OR INFORMATION—FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, COMPENSATION, REIMBURSEMENT OR DAMAGES ON ACCOUNT OF THE LOSS OF PRESENT OR PROSPECTIVE PROFITS, EXPENDITURES, INVESTMENTS OR COMMITMENTS, WHETHER MADE IN THE ESTABLISHMENT, DEVELOPMENT OR MAINTENANCE OF BUSINESS REPUTATION OR GOODWILL, FOR ANY LOSS OR OTHER IMPAIRMENT OF DATA OR SERVICE(S), COST OF SUBSTITUTE MATERIALS, PRODUCTS, SERVICES, KNOW-HOW OR INFORMATION, COST OF CAPITAL, AND THE CLAIMS OF ANY THIRD PARTY, OR FOR ANY OTHER REASON WHATSOEVER, EVEN IF ABS OR ITS LICENSORS OR SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
IN ANY EVENT, THE AGGREGATE LIABILITY OF ABS AND ITS LICENSORS AND SUPPLIERS FOR ANY REASON WHATSOEVER RELATED TO USE OF THE SITE AND ITS CONTENT SHALL NOT EXCEED ONE HUNDRED UNITED STATES DOLLARS (US $100.00).
- Indemnity. You agree to indemnify and hold harmless ABS, its licensors and suppliers, all of their affiliates, and all of their respective officers, directors, employees, shareholders, legal representatives, agents, successors and assigns, from and against any damages, liabilities, costs and expenses (including reasonable attorneys' and professionals' fees and court costs) arising out of any third party claims based on or related to your use of the Site or any breach by you of these Terms and Conditions .
- Submissions. Any ideas, suggestions, information, postings, up-loaded material, know-how or any other content (collectively, "Submissions") however received for the Site from you will be deemed to include a royalty-free, perpetual, irrevocable, nonexclusive right and license for ABS, without limitation, to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create updates, analyses or other derivative works, publicly display or broadcast (in whole or part), or act on such Submissions without additional approval or consideration, in any form, media, or technology now known or later developed for the full term of any rights that may exist in such Submissions. You acknowledge and agree that you will receive no compensation for any use by ABS of, or ideas or suggestions you provide in, your Submissions. You also acknowledge and agree that ABS shall not be liable for any failure to store or display Submissions at any time.
- User-Generated Content; User Acknowledgements. From time-to-time and in addition to Submissions, certain features of the Site may permit you and other users to register on the Site using secure passwords in order to make submissions, transmissions, or postings (collectively "post"; such posts, together with Submissions, are "User-Generated Content"). You acknowledge and agree that: (a) The User-Generated Content you post will be accessible by ABS, you, and any other users who are entitled to similar privileges; that any message or information you send to this Site may be read or intercepted by others unless there is a special notice that a particular message (for example, credit card information) is encrypted (sent in code); that sending a message to ABS does not devolve any special responsibility on ABS to you; that ABS does not pre-screen User-Generated Content; and that by accessing or using the Site, you may be exposed to User-Generated Content posted by others that is offensive or otherwise objectionable; (b) You are solely responsible for all of the User-Generated Content that you post on the Site; you assume all risks associated with use of the User-Generated Content that you post, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure by you of information in the User-Generated Content you post that makes you personally identifiable; and, by posting User-Generated Content, you represent and warrant that you own or otherwise control all of the intellectual property rights and other rights to that User-Generated Content, including all the rights necessary for you to post that User-Generated Content; (c) ABS may, but is not required to, display or use any of the User-Generated Content that you provide; may remove any posted User-Generated Content from the Site for any reason without notice in its sole discretion; and shall not be liable for any failure to store or display User-Generated Content on the Site at any time; (d) For all of the User-Generated Content that you post to ABS, you grant users of the Site a non-exclusive, non-transferable, limited license to display, edit, download, and print such User-Generated Content solely for their own noncommercial, professional use in connection with their use of the Site; and you also grant ABS a non-exclusive, non-transferable, limited license to use, reproduce, create updates, analyses or other derivative works, publicly display or broadcast (in whole or in part), publicly perform, copy, edit, modify, translate, reformat, transmit and distribute your User-Generated Content for any purpose without additional approval or consideration, in any form, media, or technology now known or later developed for the full term of any rights that may exist in such User-Generated Content. You acknowledge and agree that you will receive no compensation for any use by ABS of, or ideas or suggestions you provide in, your User-Generated Content and you give up any claim that any use of such material violates any of your rights, including moral rights, privacy rights, proprietary or other property rights, publicity rights, rights to credit for material or ideas or any other right, including the right to approve the way ABS uses such material; and (e) If you believe that any User-Generated Content is infringing copyrights or other intellectual property rights held by you or by someone on whose behalf you are authorized to act, please follow the steps described here.
- Governing Law. These Terms and Conditions, including (without limitation) any disputes relating to the content the Site, whether sounding in contract, tort, statute or otherwise, are governed by the laws of the State of New York, without reference to its conflict of law principles and without regard to the U.N. Convention on Contracts for the International Sale of Goods.
- Dispute Resolution. Any litigation arising out of or connected in any way with these Terms shall take place in a State or Federal court of competent jurisdiction in New York, NY. You hereby consent to personal jurisdiction and venue in the State and Federal courts located in the State of New York, New York County, with respect to any actions, claims, disputes or proceedings arising out of or in connection with these Terms. Any dispute, controversy or claim arising out of or relating to these Terms and Conditions, including any disputes relating to the content of the Site, whether sounding in contract, tort, statute or otherwise, shall be first subject to mediation and, if mediation is unsuccessful, finally resolved by legally binding arbitration in accordance with the Rules of Procedure for Christian Conciliation of Peacemakers Ministries, set forth at http://www.hispeace.org/html/geticrul.htm. The place of the arbitration shall be New York, NY. The decision of the arbitrators shall be binding upon the parties hereto, and the expense of the arbitration (including without limitation the award of attorneys’ fees to the prevailing party) shall be paid as the arbitrators determine. The decision of the arbitrator may be entered by any court of competent jurisdiction. You agree to submit to the jurisdiction of the state and federal courts in the State of New York for the purposes of any judicial proceedings to obtain interim relief and in aid of the arbitration or judicial proceedings to confirm or enforce the award. Notwithstanding the foregoing, ABS may seek preliminary injunctive relief from a court of law in the event of a breach by you.
- Term, Termination, Amendments. These Terms and Conditions will take effect when you first commence using the Site. ABS reserves the right at any time and for any reason to deny you access to the Site or any portion thereof. Termination will be effective without notice. Please note that ABS reserves the right to change the terms and conditions of these Terms and Conditions upon notice, which may be given by ABS’ posting such change on the Site, by e-mail, or any other reasonable method. If a change is implemented by a posting on the Site, it shall be deemed to take effect when posted; if a change is announced by e-mail, it shall be deemed to take effect when the e-mail is sent; and if a modification is announced in any other way, it shall be deemed to take effect when the relevant notice is sent or issued by or on behalf of ABS. Your continued use of the Site following notice of such modifications will be conclusively deemed acceptance of any changes to these Terms and Conditions. You agree that notice of changes to these Terms and Conditions on the Site, delivered by e-mail, or provided in any other reasonable way constitutes reasonable and sufficient notice.
- Waiver. Failure to insist on strict performance of any of the terms and conditions of these Terms and Conditions will not operate as a waiver of any subsequent default or failure of performance. No waiver by ABS of any right under these Terms and Conditions will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time.
- Nature of Relationship. No joint venture, partnership, employment, or agency relationship exists between you and ABS as a result of these Terms and Conditions or your utilization of the Site.
- Severability. If any provision of these Terms and Conditions is held unenforceable by a court or tribunal of competent jurisdiction, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of these Terms and Conditions shall continue in full force and effect.