Legal Agreement; Other Policies; Revisions
This website is operated by The Upper Room, d/b/a The Upper Room ® and Upper Room Ministries ® ("we"). We provide use of this website ("this Site") subject to the terms and conditions of these Terms of Service ("these Terms"). These Terms are a legal agreement between you and us, and they contain important information on your legal rights, remedies and obligations. By accessing, browsing or otherwise using this Site, you acknowledge that you have read and understood, and are agreeing to be bound by these Terms and that you are agreeing to comply with all applicable laws, rules and regulations. You further acknowledge and agree that your access to and use of this Site and the services provided through this Site are valuable benefits that you receive by agreeing to, and complying with, these Terms, and you represent and warrant that: (a) you are 13 years of age or older, and you are either 18 years of age or older, an emancipated minor, have attained the age of majority in the country in which you reside, or possess legal parental or guardian consent to agree to these Terms; (b) Your User Information (as defined below) is complete, truthful and accurate; (c) your use of this Site does not violate any applicable law or regulation; and (d) you are otherwise fully able and competent to enter into this agreement and comply with these Terms.
Your Use and Your Content
You may access, browse and use this Site and Site Content only for your personal, non-commercial use, on a single computer or other Internet-compatible device to enable you to use this Site. You may not copy, reproduce, modify, distribute, transmit, display, perform, publish or otherwise use or exploit, through any means or media, any of Site Content, except as may be allowed by Sections 107, 108 and 110 of Title 17 of the United States Code, 17 U.S.C. §§ 107-108, 110 ("Your Exempt Use"). Your Exempt Use will be, at all times, prominently accompanied by: (1) a copyright notice in the form identical to the copyright notice appearing on the Content that is the subject of your Exempt Use, and (2) a credit line in the form of the phrase "Accessed at www.nimbusprayer.com on," followed by the date of your access. You may not copy, reproduce, modify, distribute, transmit, display, perform, publish or otherwise exploit, through any means or media, any of The Upper Room Marks, except as may be allowed by The Trademark Act of 1946 (Lanham Act), 15 U.S.C. § 1051 et seq.
Certain features of this Site may allow you to post, upload, transmit or submit certain materials, content, information or ideas to this Site ("Your Content"). We do not ask for, nor do we wish to receive, any confidential, secret or proprietary information or other material from you through this Site, by e-mail or in any other way. By providing Your Content to us, you: (1) represent and warrant that Your Content is original to you, that you own or otherwise control all of the rights in Your Content, or that you have the rights necessary to grant to us the license in the following sub-section (2), and that Your Content does not violate any rights, including the rights of privacy, of any party and does not otherwise violate the law; (2) grant to us a world-wide, non-exclusive, fully-paid, royalty-free, unrestricted, perpetual, irrevocable, fully transferable, assignable and sub-licensable right and license (including any moral right), to copy, reproduce, modify, distribute, transmit, display, perform, publish, sell, create derivative works from, and otherwise use Your Content, and to identify you as the contributor of Your Content, for any purpose that we may choose, in our sole discretion, and through any means or media, whether now existing or subsequently developed, and without any compensation to you or any third party (it being understood that the foregoing shall include the right to exploit any and all intellectual property or proprietary rights in Your Content, including, without limitation, rights protected under applicable copyright, trademark, trade secret, patent and/or other laws, throughout the world); and (3) indemnify and hold harmless us and/or The Upper Room for and against any and all claims, actions and damages (including, without limitation, court costs, legal fees, accounting fees and amounts paid in settlement) that are related to or result from your use of this Site, Your Content or its posting on, or submission to, this Site, and/or your violation of these Terms. You will cooperate as fully as reasonably required in the defense of any such claim or action; however, we reserves the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you. We cannot be responsible for maintaining Your Content, and we may remove Your Content from this Site at any time, for any and no reason, and without notice to you. We reserve the right, but do not have an obligation, to monitor and/or review all materials posted to this Site, or through this Site’s services or features, by its users, and we are not responsible for any such materials. However, we further reserve the right at all times to disclose any information as necessary to satisfy any law, regulation or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in our sole discretion are objectionable or in violation of these Terms or applicable law. We may also impose limits on certain features or restrict your access to part or all of the features or services without notice or penalty if we believe that you are in breach of these Terms or applicable law, or for any other reason, all without notice or liability.
Submission of Your Ideas and Suggestions
While we encourage you to share ideas and suggestions through the Site, we wish to avoid any potential misunderstandings or disputes that may arise from the limited use that we or other users of this Site may make of any ideas or suggestions that you choose to share or if our content or business activities seem similar to any such ideas or suggestions. When you share ideas or suggestions through this Site (including, without limitation, ideas or suggestions for new publications) (collectively, "Submissions"), you hereby grant to us and to our designees a world-wide, non-exclusive, sub-licensable, transferrable, assignable, royalty-free, perpetual, irrevocable right to use, reproduce, distribute, adapt, create derivative works from, publicly perform, publicly display and license, digitally perform, make, have made, sell, offer for sale and import your Submissions in any and all media and means of communication, now known or hereafter developed. IF YOU DO NOT WISH TO GRANT THE RIGHTS GRANTED IN AND UNDER THIS PARAGRAPH, PLEASE DO NOT SHARE, SUBMIT OR POST ANY IDEAS OR SUGGESTIONS ON OR THROUGH THIS SITE.
Your Account and Your User Information
You are solely responsible for maintaining the confidentiality of Your User Information. You are also solely responsible for any and all activities that occur under Your Account or Your User Information. You must notify us immediately of any suspected or actual unauthorized use of Your Account or Your User Information, and of any and all other security breaches.
We reserve the right to terminate Your Account or to refuse services to you, without prior notice to you, at any time and for any or no reason. Without limiting the above, we will permanently terminate Your Account and remove your User Content from this Site if you are a repeat copyright infringer, if we believe that you may be under 13 years of age, or if you violate these Terms. If Your Account, your registration(s) with, or your ability to access, this Site or any other service provided to you by this Site is discontinued by us on any of the foregoing bases, you agree that you shall not attempt to re-register with or access this Site or any other service provided by this Site, through use of a different username or registration information.
The Upper Room and/or its subsidiaries, affiliated companies, distributors, vendors, contractors, licensors and/or licensees ("The Upper Room") are the exclusive owners of all content and materials on this Site ("Site Content") and of all related intellectual property rights, including, without limitation, all copyrights, moral rights, trademark rights and patent rights. Site Content includes, without limitation, all features, functions, services, software, algorithms, designs, objects, documentation, know-how, code, data, art, graphics, animation, photographs, images, text, music, sound effects, audio and/or audio-visual elements, downloadable materials, look-and-feel, design, layout, organization, presentation, user interface, navigation and stylistic convention of this Site.
The trademarks and service-marks Nimbus™, and the trade dress of this Site ("The Upper Room Marks") are the exclusive property of The Upper Room and all other trade names, trademarks, service-marks and logos appearing on this Site are the exclusive property of their respective owners (The Upper Room Marks and such other trademarks, service-marks and logos, collectively, "Trademarks"). Commercial use of any Trademarks, or of any word, term, name or symbol that dilutes any Trademarks, or of any word, term, name or symbol that is likely to cause confusion or mistake with respect to the user’s connection or association with The Upper Room or The Upper Room Parties, or their approval or sponsorship of the user’s products or services, is strictly prohibited by law.
The Upper Room retains all rights in Site Content and the Trademarks, and you do not acquire any ownership interests in any Site Content or Trademarks by accessing, browsing or otherwise using this Site.
Links to Third-Party Websites
This Site contains links to websites of third parties ("Linked Sites"). If you use these links, you will leave this Site. Except as otherwise explicitly stated, these third parties and their websites are not under our control, we do not examine or evaluate these websites and we are not responsible for their content or operation. By providing links to these websites, we do not approve, warrant or endorse, or otherwise make any representation about, them or their owners or operators, and do not assume any related responsibility or liability. You acknowledge and agree that we have no responsibility for the information, content, products, services, advertising, code or other materials that may or may not be provided by or through Linked Sites. You should exercise your own judgment in evaluating and using these websites. When you link to these websites, you become subject to their terms and conditions of use and privacy policies.
You warrant and agree that, while accessing or using this Site, you will not:
- impersonate any person or entity or misrepresent your affiliation with any other person or entity, whether actual or fictitious, including anyone from this Site, The Upper Room, The Upper Room Parties or otherwise affiliated with us;
- use an inappropriate username for Your Account;
- insert your own or a third party’s advertising, solicitation, branding or other promotional content into any of Site Content;
- use any information obtained from this Site in order to contact or solicit (whether for commercial or non-commercial purposes), or advertise or sell to, any other user of this Site;
- use this Site for any commercial purpose or for the purpose of financial gain;
- obtain or attempt to gain unauthorized access to other computer systems, materials, information or any services available on or through this Site through any means, including through means not intentionally made publicly available or provided through this Site;
- engage in any automatic or unauthorized means of accessing, logging-in or registering on this Site, or obtaining lists of users or other information from or through this Site, including, without limitation, any information residing on any server or database connected to this Site;
- use this Site or any Site Content in any manner that could interrupt, damage, disable, overburden or impair this Site or interfere with any other party’s use and enjoyment of this Site, including, without limitation, sending mass unsolicited messages or "flooding" servers;
- use this Site to post, distribute or send any messages or materials that are unlawful, harassing, libelous, defamatory, abusive, threatening, harmful, vulgar, obscene, profane, sexually oriented (unless within the scope of the topic area of a message board as determined by The Upper Room in its sole discretion), racially offensive, or inaccurate, or that encourage use of controlled substances, conduct that could constitute a criminal offense or give rise to civil liability, or that otherwise violate any applicable local, state, national or international law or regulation; for the purposes of the immediately preceding sentence, "masked" vulgarity, obscenity or profanity is deemed to be equivalent to any explicit expression through any words, phrases or symbols;
- use this Site to post, distribute or send any illegal material of any kind, including, but not limited to, illegal material in the form of text, graphics, audio, video or programs;
- use this Site with the intention to commit any illegal activity;
- attempt (or encourage or support anyone else’s attempt) to circumvent, reverse-engineer, decrypt, or otherwise alter, or interfere with, this Site or its services;
- use this Site or its services in violation of our intellectual property or other proprietary or legal rights or rights any third party; or
- otherwise use this Site or Site Content in violation of, or for purposes inconsistent with, any applicable law.
Linking to This Site
You agree that if you include a link from any website to this Site, such link shall open in a new browser window and shall link to the full version of an HTML-formatted page of this Site. You may not link directly to any Site Content, by, for example and without limitation, "in-line" linking or "deep-linking" methods, or in any manner causing this Site, or any page of this Site, to be "framed," surrounded or obfuscated by any third-party content, materials or branding. We may, at any time and for any or no reason, require that any link to this Site be discontinued and removed and revoke your right to link to this Site.
We administer, control and operate this Site from our offices in Nashville, Davidson County, Tennessee, the United States of America. This Site is accessible world-wide; however, some of its features or functions may not be available or appropriate for use outside of the United States and/or may not be available to all persons or in all geographic locations. We make no representation that this Site and Site Content are appropriate or authorized for use in all countries, states, provinces, counties or any other jurisdictions. Your access and use of this Site may not be legal in your jurisdiction. If you choose to access, browse or use this Site, you do so on your own initiative and risk, and you are responsible for compliance with all applicable laws if, and to the full extent that, such laws and restrictions are applicable. We reserve the right to limit, in our sole discretion, the provision of any feature or function of this Site to any person and geographic area. Any offer for any feature or function made on this Site is void where prohibited.
This Site provides information of a general nature only and you are responsible for determining whether it applies to your specific situation. We specifically disclaim any liability concerning any action that any person may take based on any information or guidance provided at this Site.
Some of Site Content is provided by the users of this Site. With the exception of the limited license specified above, we do not obtain or control any rights in, and do not exert editorial control over, such Site Content. We do not independently verify the representations and warranties made by the users with respect to such Site Content. Furthermore, despite the prohibitions against posting inaccurate or inappropriate information, information provided by other users of this Site may contain inaccurate, inappropriate, or offensive material, and we disclaim any responsibility or liability for this material. If you become aware of any misuse of this Site, please contact us, by sending an email to firstname.lastname@example.org.
We do not guarantee the accuracy, timeliness, correctness, completeness, performance or fitness for a particular purpose of this Site or any of Site Content. We are not liable for any errors or inaccuracies in, or omissions from, Site Content.
YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK, THAT THE INFORMATION CONTAINED WITHIN THIS SITE IS OFFERED ONLY FOR YOUR CONSIDERATION AND SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS. You should not use this Site or any Site Content for emergency purposes or to seek or provide diagnosis or treatment of medical, psychiatric or psychological problems, or as a substitute for live professional consultation. If you have a medical or psychiatric emergency, please call your physician or emergency personnel immediately.”
This Site is not a referral service for professional services. You must use your own judgment to determine when it is necessary to consult with a provider who is licensed in your state or country, available in person, and otherwise possesses qualities required to properly diagnose or advise you, especially in areas of medicine, law, accounting, psychological counseling, investment, tax or other financial advice, requiring government or regulatory licensing or certification, or high-risk activities.
THIS SITE, SITE CONTENT AND ANY GOODS OR SERVICES THAT ARE AVAILABLE FOR PURCHASE OR THAT MAY BE OBTAINED THROUGH THIS SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY OR USEFULNESS OF SITE CONTENT AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT, WHICH ARE EXCLUDED FROM THIS AGREEMENT TO THE EXTENT THAT THEY MAY BE EXCLUDED AS A MATTER OF LAW. WE DO NOT WARRANT THAT THIS SITE OR SITE CONTENT WILL BE TIMELY, SECURE, UNINTERRUPTED, OR OPERATED FREE OF DELAYS IN TRANSMISSION, FAILURE IN PERFORMANCE, COMPUTER VIRUSES, INACCURACIES, ERRORS, OR DEFECTS. YOU USE THIS SITE AT YOUR OWN RISK. WE ALSO ASSUME NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, BROWSING IN, OR USE OF, THIS SITE OR YOUR DOWNLOADING OF SITE CONTENT. You are solely responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy and security of data input and output. WE MAKE NO WARRANTY THAT THIS SITE WILL MEET USERS’ REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THIS SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
Limitation of Liability
EXCEPT AS SET OUT BELOW, UNDER NO CIRCUMSTANCES, INCLUDING, WITHOUT LIMITATION, BREACH OF CONTRACT, TORT OR NEGLIGENCE, WILL WE OR THE UPPER ROOM PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT ARISE OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR WITH THE DELAY OR INABILITY TO USE THIS SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OBTAINED THROUGH THIS SITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS SITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THOSE ASPECTS OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU. Some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages and, in such states or jurisdictions, our liability and liability of any of The Upper Room parties shall be limited to the fullest extent permitted by law.
IN NO EVENT SHALL WE, THE UPPER ROOM, BE LIABLE FOR, OR IN CONNECTION WITH, ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THIS SITE (INCLUDING, WITHOUT LIMITATION, ANY OF YOUR CONTENT). IN NO EVENT SHALL OUR OR THE UPPER ROOM PARTIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED, IN THE AGGREGATE (A) THE AMOUNT, IF ANY, PAID BY YOU TO US FOR YOUR USE OF THIS SITE OR FOR ANY OF YOUR ACTIVITIES ON THIS SITE DURING THE THREE MONTHS IMMEDIATELY PRECEDING YOUR CLAIM, OR (B) ONE HUNDRED UNITED STATES DOLLARS (US$100), WHICHEVER IS GREATER.
Notification of Claim of Copyright Infringement
We respect the intellectual property rights of others and require our users to do the same. To notify us of your claim of copyright infringement with respect to any of Site Content, please send a written communication to our designated copyright agent:
The Upper Room
P.O. Box 340004
Nashville, TN 37203-0004
Telephone: (615) 340-7200
Facsimile: (615) 340-7523
Your notice must include:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Upon receiving a proper notification of copyright infringement as described above, we will remove or disable access to the allegedly-infringing material and promptly notify the alleged infringer of your claim. We also will advise the alleged infringer of the counter-notification procedure, as described in, and required by, The Digital Millennium Copyright Act of 1998, 17 U.S.C. § 512.
If we receive a valid counter-notification, we will restore the removed or disabled material after ten (10), but no later than fourteen (14), business days from the date on which we receive the counter-notification, unless our Copyright Agent first receives notice from you, as the party filing the original notification of copyright infringement, informing us that you have filed a court action to restrain infringement of the material in question.
You agree that we may assign any of our rights, and/or transfer, sub-contract or delegate any of our obligations, under these Terms. Your agreement to these Terms is personal to you and you may not transfer or assign it to any third party.
Governing Law; Jurisdiction; Claim Limitation
You agree that the laws of the United States of America and the laws of the State of Tennessee, without regard to the principles of conflict of laws, will govern your use of this Site, these Terms and all matters relating to your access to, and/or use of, this Site, including all disputes between you and us and/or The Upper Room. You irrevocably submit to the exclusive jurisdiction of, and venue in, the state and federal courts seated in Davidson County, Tennessee, and the corresponding appellate courts, in any related action or proceeding.
YOU AGREE THAT ANY COURT ACTION ARISING OUT OF, OR RELATED TO, YOUR USE OF THIS SITE, THESE TERMS AND ALL MATTERS RELATING TO YOUR ACCESS TO, AND/OR USE OF, THIS SITE MUST BE COMMENCED BY YOU WITHIN ONE (1) YEAR AFTER THE CAUSE FOR SUCH ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.
These Terms constitute the entire agreement between you and us and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us, with respect to your use of this Site and all matters relating to your access to, and/or use of, this Site. A printed version of these Terms and of any notice given in electronic form shall be admissible in any and all judicial or administrative proceedings based upon or relating to these Terms to the same extent as other business documents and records originally generated and maintained in printed form.
If any part of these Terms is determined to be invalid or unenforceable under applicable law including, without limitation, the warranty disclaimers and liability limitations stated above, then the invalid or unenforceable provision(s) will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of these Terms shall continue in full effect.
The failure of either party to insist upon or enforce strict performance by the other party of any provision of these Terms or to exercise any right under these Terms will not be construed as a waiver or relinquishment to any extent of such party’s right to assert or rely upon any such provision or right in that or any other instance, and such provision or right will be and remain in full force and effect.
Any rights not expressly granted in these Terms are reserved to The Upper Room.
© 2015 The Upper Room. All Rights Reserved.