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TERMS
OF USE These
Terms of Use were last updated on December 27, 2003 PLEASE
READ THESE TERMS CAREFULLY. By using the iksynod.org web site (Web Site) at
iksynod.org or www.iksynod.org or by otherwise accessing any content found on
this Web Site, you are deemed to have entered into an agreement with the Indiana-Kentucky
Synod of the Evangelical Lutheran Church in America ®(IK Synod) and to have
agreed to be bound by the terms set out below. If you violate any of the Terms
your permission to use this Web Site automatically terminates. The Web Site is
owned and operated by the IK Synod of the ELCA. 1.
Definitions
2. Changes to these Terms
3.
Use of IK Synod content and intellectual property protection
4.
User postings
5. Use policies
6. Linking
to the Web Site
7. Links to third-party sites
8.
Submissions
9. Claims of copyright infringement
10. Indemnification
11. Disclaimer of Warranties
12. Limitation of Liability
13. Privacy
Notice
14. Miscellaneous
1. Definitions. As used in these Terms:· "Web
Site" means the Iksynod.org web site. · "We," "Our,"
"Us" and "IK Synod" refer to the Indiana-Kentucky Synod of
the Evangelical Lutheran Church in America.®
2. Changes to these Terms. WE MAY AMEND THESE TERMS AT
ANY TIME WITHOUT PRIOR NOTICE BY POSTING THE AMENDED TERMS ON THE WEB SITE. USE
OF THE WEB SITE FOLLOWING ANY SUCH CHANGE CONSTITUTES YOUR AGREEMENT TO FOLLOW
AND BE BOUND BY THE TERMS AS CHANGED. For this reason, you should review these
Terms whenever you use the Web Site. If you do not agree to be bound by changes
to the Terms, you should not use the Web Site any further after the changes in
question are published. These Terms were last revised on December 27, 2003.
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Use of IK-Synod content and intellectual property protection.
3.1.
Material on the Web Site, including but not limited to text, software, code, graphics,
images, data, audio and video (collectively, the "Materials"), is owned
by the IK-Synod or third-party licensors. IK-Synod and/or third-party licensors
retain all proprietary rights to the Materials, including all intellectual property
rights associated therewith (e.g., copyrights, patents, trademarks, trade secrets
and know-how). Unless otherwise indicated on the Web Site, except for downloading
one copy of the Materials for your personal, noncommercial use and/or printing
copies of the Materials for such use, you may not sell, modify, reproduce, display,
publicly perform, prepare derivative works based upon, distribute or otherwise
use the Materials in any way without first obtaining the written permission of
the IK-Synod. Requests for permission for uses not authorized by these Terms may
be sent to: The
Indiana-Kentucky Synod
Attn: Danielle Burrus
911 East 86th St Suite 200
Indianapolis, In 46240
Or e-mailed to dburrus@iksynod.org 3.2.
You must retain all copyright, trademark and other proprietary notices contained
in the original Materials on any copy you make of the Materials. You may not frame
or utilize framing techniques to enclose all or any portion of the Web Site. You
may not use any meta tags or any other similar hidden text utilizing the IK-Synod
's name or trademarks. 3.3.
If you violate any of this Section 3, your permission to use the Materials and
the Web Site automatically terminates. (^
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User Postings.
4.4. As a user of the Web Site, you are responsible
for your own communications and are responsible for the consequences of any of
your postings in the public areas of the Web Site. By submitting any material
for posting on the Web Site, you automatically grant (or, if you are not the owner,
you warrant that the owner of such material has expressly granted) the IK-Synod
a royalty-free, perpetual, irrevocable, nonexclusive and fully sub-licensable
right to use, reproduce, modify, adapt, publish, translate, create derivative
works from, distribute, perform, display and otherwise use and exploit such material
(in whole or in part) worldwide and/or to incorporate it in other work in any
form, media or technology now known or later developed. 4.5.
We do not represent or guarantee the accuracy, completeness or reliability of
any material posted by users of the Web Site nor do we endorse any opinions expressed
by any users. You may rely on material posted by other users only at your own
risk. We are not obligated to screen or monitor materials posted on this Web site
and you may not assume that posted materials are reviewed. 4.6.
We may for any reason edit, refuse to post or remove without notice any materials
posted by users. However, we have no obligation to edit, refuse to post or remove
any material, including material that you may find objectionable or offensive
or that violates these Terms. If you become aware of any material that violates
these Terms, you may email such information to us at jrehl@iksynod.org.
However, we do not guarantee that any action will be taken as a result of your
contact. We reserve the right to expel any user and to prevent further access
to the Web Site for any reason, including violation of these Terms or applicable
law, or for no reason at all. However, we have no obligation to expel any user
or to prevent further access to the Web Site. 4.7.
Any congregation, ministry, synod of the ELCA, or ELCA affiliated organization
may submit an advertisement, subject to the terms and conditions of this IK-Synod
Web site. Commercial advertising by for-profit organizations as well as advertising
personal business products or services is prohibited. No solicitation is allowed.
The IK-Synod is not involved in these transactions in any way except to be a forum
for the donor and donee to meet. The IK-Synod does not check or verify information
submitted; inclusion does not imply endorsement. The IK-Synod makes no representation
regarding the validity of information submitted nor the quality of items listed.
The IK-Synod shall not be liable for misinformation, typographical errors or misprints
in the ads, misrepresentation of items, or damages experienced by anyone using
this forum. The IK-Synod does not, in the case of volunteer positions, screen
candidates, volunteer position listings or sites. The IK-Synod shall not be responsible
in any way for misinformation, qualifications of sites or volunteers, nor any
problems, claims or damages that occur as a result of volunteers serving in positions
posted here. The IK-Synod reserves the right to delete, without notice, any advertisement
considered inappropriate by the IK-Synod. 4.8.
Any congregation, ministry, synod, ELCA affiliated organization or rostered individual
that submits mobility information, related mobility requests or employment related
information is subject to all terms and conditions of the IK-Synod Web Site. The
IK-Synod does not check or verify information submitted and posted; inclusion
on the Website does not imply endorsement. The IK-Synod makes no representation
regarding the validity of information submitted. IK-Synod shall not be liable
for misinformation, typographical errors or misprints in the materials, misrepresentations,
or damages experienced by anyone using this forum. The IK-Synod does not, in the
case of mobility, screen employers, job position postings, resumes, candidates
or sites. The IK-Synod shall not be responsible in any way for screening candidates,
qualifications of sites, job position postings, resumes, hiring of staff, nor
any problems, claims or damages that occur as a result of the above. (^
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Use Policies. You may not do any of the following while using the Web Site:
-
interfere
with or disrupt networks connected to the Web Site or violate the regulations,
policies or procedures of such networks; -
attempt
to gain unauthorized access to the Web Site, computer systems or networks connected
to the Web Site, through password mining or any other means; -
interfere
with another user's use and enjoyment of the Web Site; -
upload
any message, information, data, text, software, graphic files or other materials
("Content") that is unlawful, harmful, threatening, abusive, harassing,
tortious, defamatory, vulgar, obscene, libelous, that may be invasive of another's
privacy, hateful, racially, ethnically or otherwise objectionable; -
upload
Content that contains a virus, corrupted file, or other harmful component; -
impersonate
any person or entity, including, but not limited to, IK-Synod personnel, or falsely
state or otherwise misrepresent any affiliation with any person or entity, or
upload any Content under a fictitious name; -
upload
any Content that you do not have a right to upload under law or under contractual
or fiduciary relationships (including but not limited to nondisclosure agreements);
-
upload
any information or grant permissions to view information to any person in a manner
that exceeds your contractual or other legal authority; -
upload
any unsolicited advertising, promotional materials, junk mail, spam, chain letters,
pyramid schemes, contests, surveys, or any other form of solicitation (commercial
or non-commercial); -
intentionally
or unintentionally violate or encourage or assist another to violate any law or
regulation in connection with your use or another's use of the Web Site; or -
upload
any Content that violates or infringes any patent, trademark, trade secret, copyright
or any right, of whatever nature, of anyone.
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6.
Linking to the Web Site.
You may provide a link on your site to the Web
Site subject to the following requirements: -
You
may not frame or alter the appearance or visual presentation of the Web Site. -
You
may not state or imply that we endorse, sponsor or otherwise approve your site
or any other sites, unless it is true and accurate. Links to the Web Site may
not be used in a way that implies or suggests that we approve or endorse you,
your web site or your goods and services, unless it is true and accurate. -
Links
may be text-based using the words: "The Indiana-Kentucky Synod of the Evangelical
Lutheran Church in America,®" "The I-K Synod of the ELCA,"
" IK-Synod," or "IK Synod.org" or graphics based using IK-Synod
Emblem (the "Licensed Marks"). -
Unless
you are an ELCA synod or congregation, you may only link to the home page of the
Web Site, unless you receive written permission from the IK-Synod. Requests for
permission to link to other parts of the Web Site may be sent to: dburrus@iksynod.org. -
You
may not use the Licensed Marks on any site that disparages us or any of our affiliates,
or presents false information about us or any of our affiliates. -
You
may not use the Licensed Marks as a predominant feature of your site. At a minimum,
this means that the Licensed Marks must appear smaller than your Web page title
and any of your marks or logos, they may not be displayed more prominently than
other marks or logos on your page, and they should not appear at the top of the
page, but rather at the bottom, along the sides or in some location less prominent
than the top. -
You
may not use the Licensed Marks in any manner that would adversely affect the name,
reputation or goodwill of the IK-Synod, or use the Licensed Marks on any site
that contains any content that is unlawful, harmful, threatening, abusive, harassing,
tortious, defamatory, vulgar, obscene, libelous, that may be invasive of another's
privacy, hateful, racially, ethnically or otherwise objectionable. -
You
may not use the Licensed Marks on any site that violates or infringes any patent,
trademark, trade secret, copyright or any right, of whatever nature, of anyone,
or that violates or encourages or assists another to violate any law or regulation.
-
We
will have no responsibility or liability for any content appearing on your Web
site. You agree to defend, indemnify and hold harmless the IK-Synod and its affiliates
and their officers, directors, employees and agents, from and against any and
all third-party claims, liability, actions, demands, costs or expenses (including,
but not limited to, reasonable legal and accounting fees) arising from or relating
to your Web site. We reserve the right to defend any such claim, and you agree
to provide us with such reasonable cooperation as we may request. -
By
linking, you acknowledge and agree that, other than as specifically set forth
in these Terms, all rights to the Licensed Marks and other IK-Synod marks and
logos belong to the IK-Synod. In addition, you acknowledge the validity of the
IK-Synod's ownership in the Licensed Marks and other IK-Synod marks and logos
and will not contest such ownership or the validity of any registrations of the
IK-Synod relating to such marks and logos. You agree that use of the Licensed
Marks shall inure to the benefit of the IK-Synod. If you happen to obtain any
rights or goodwill in the Licensed Marks, you agree that all such rights and goodwill
will automatically vest in the IK-Synod and you will take all actions necessary
to effect such vesting. -
You
are prohibited from using the IK-Synod marks or logos or any names, marks or other
materials in a manner that is likely to cause confusion with, dilute or damage
the reputation or image of the IK-Synod. -
We
reserve the right at any time and in our sole discretion to request that you remove
all links or any particular link to the Web Site from your site.
Subject
to these Terms and your compliance with the above requirements, IK-Synod agrees
to grant you a limited, non-exclusive, non-transferable, royalty-free license
to use the Licensed Marks solely for the purpose of establishing any link that
is permitted hereunder. Except for the limited license to use the Licensed Marks
set forth in this paragraph, you may not use any of IK-Synod's trademarks or service
marks or logos for any other reason without the express written permission of
the IK-Synod. IK-Synod may, at any time, in its sole discretion, without cause,
terminate the license granted herein to use the Licensed Marks and your right
to link to any pages on the Web Site. Upon our request, you agree to immediately
remove all links to the Web Site and to cease using the Licensed Marks. Without
limiting the foregoing, if you violate any of this Section 6, your license to
use the Licensed Marks and your right to link to any pages on the Web Site automatically
terminates. Thereafter, any future links to the Web Site will require the express
written permission of the IK-Synod.
7. Links to Third-Party Sites. The Web Site contains links
to third-party web sites. These links are provided solely for your convenience.
They are not an endorsement by us of the contents of such third-party web sites.
We are not responsible for the content or practices of linked third-party sites.
We do not make any representations or warranties about the content or accuracy
of materials on such third-party web sites or the practices of such sites. If
you decide to access linked third-party web sites, you do so at your own risk.
You are encouraged to review the terms of use, privacy policy, and other policies
of any linked site, as the policies of the linked site may differ from those of
this Web Site.
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Submissions. We welcome comments regarding our service. However, any comments,
feedback, notes, messages, ideas, suggestions or other communications (collectively,
"Comments") submitted to us will be our exclusive property. Submission
of any such Comments constitutes an assignment to the IK-Synod of all worldwide
right, title and interest in all copyrights and other intellectual property rights
in the Comments, and you represent and warrant that you have the right to make
such an assignment and that such Comments do not violate or infringe upon any
rights of anyone. The IK-Synod will be entitled to use, reproduce, disclose, publish
and distribute any Comments for any purpose whatsoever, without restriction and
without compensating you in any way. For this reason, we ask that you do not send
us any Comments that you do not desire to assign to the IK-Synod, including any
confidential information or any original creative materials such as stories, product
ideas, computer code or original artwork. (^
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Claims of Copyright Infringement. If you believe that your work has been copied
in a way that constitutes copyright infringement, please contact the Designated
Agent listed in our Copyright Policy. 10.
Indemnification. You agree to defend, indemnify and hold harmless the IK-Synod
and its affiliates and their officers, directors, employees and agents, from and
against any and all third-party claims, liability, actions, demands, costs or
expenses (including, but not limited to, reasonable legal and accounting fees)
arising from or relating to your use of the Web Site or the Materials, material
that you post to the Web Site or otherwise provide to the IK-Synod, or your breach
or violation of these Terms. The IK-Synod reserves the right to defend any such
claim, and you agree to provide the IK-Synod with such reasonable cooperation
as it may request. (^
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11. Disclaimer of Warranties.
11.1. THE
WEB SITE, THE MATERIALS AND THE LICENSED MARKS ARE PROVIDED ON AN AS-IS, AS-AVAILABLE
BASIS WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST
EXTENT PERMITTED BY LAW, THE IK SYNOD, ITS AFFILIATES AND ITS SUPPLIERS DISCLAIM
ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY
OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE.
11.2. You understand and agree that: (a) we are not responsible for
the timeliness, misdelivery, deletion or failure to store any information uploaded
(or attempted to be uploaded) by you or any other user; (b) we make no warranty
as to the accuracy or completeness of the information and services provided or
obtained through the Web Site or the results of your use of the Web Site; (c)
it is your responsibility to evaluate the accuracy, completeness and usefulness
of all information obtained or provided through the Web Site; (d) we may, in our
sole discretion, modify, add or discontinue any aspect, content or feature of
the Web Site; and (e) the information on the Web Site may contain typographical
errors or inaccuracies and may not be complete or current and, therefore, we reserve
the right to correct any errors, inaccuracies or omissions and to change or update
information at any time without prior notice.
11.3. You understand
and agree that use of the Web Site and the Materials is at your sole risk, that
any materials downloaded or otherwise obtained through the use of the Web Site
is at your own discretion and risk and that you will be solely responsible for
any damage to your computer system or loss of data that results from the download
of such materials. We make no warranty or representation as to the security of
any information you transmit to us.
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Limitation of Liability. IN NO EVENT SHALL THE IK-SYNOD, ITS AFFILIATES OR
ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED
TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES,
OR ANY DAMAGES FOR LOSS OF PROFITS, USE, DATA, GOODWILL OR OTHER INTANGIBLES)
ARISING FROM OR IN ANY WAY CONNECTED WITH THESE TERMS, THE USE OF (OR THE INABILITY
TO USE) THE WEB SITE OR THE MATERIALS, THE LICENSED MARKS, OR ANY INFORMATION,
GOODS OR SERVICES OBTAINED ON OR FROM THE WEB SITE, WHETHER BASED ON WARRANTY,
CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR ANY OTHER LEGAL
THEORY, AND WHETHER OR NOT THE IK SYNOD IS ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES.
13. Privacy Notice. Be sure to check our Privacy
Policy to understand our practices. The Privacy Policy is subject to these
Terms and is incorporated by reference herein. (^
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Miscellaneous.
14.1. The Web Site is based in the United States.
Access to the Materials may not be legal by certain persons or in certain countries.
If you access the Web Site from outside the United States, you do so at your own
risk and are responsible for compliance with the laws of your jurisdiction.
14.2. These Terms will be governed by the internal laws of the State
of Indiana, without regard to its choice of law provisions. You agree that any
action arising out of or relating to these Terms may be brought only in a court
of competent jurisdiction in Marion County, Indiana, and you hereby consent to
the jurisdiction, venue and convenience of such courts.
14.3.
Headings in these Terms are for convenience only and shall not be used to interpret
or construe its provisions.
14.4. If any provision of these Terms
is found to be invalid, void or unenforceable by any court having competent jurisdiction,
the remainder of these Terms shall remain in full force and effect.
14.5.
Any waiver of any provision of these Terms will be effective only if it is in
writing signed by the IK-SYNOD. No waiver of any term of these Terms shall be
deemed a further or continuing waiver of such term or any other term.
14.6. Notices to the IK-Synod, other than as provided herein, can be sent
to: The
Indiana-Kentucky Synod of the Evangelical Lutheran Church in America
911 East
86th St Suite 200
Indianapolis, Indiana 46240 (^
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