General Terms and Conditions
TERMS OF SERVICE
This Agreement sets forth the terms and conditions which apply to your use of the http://www.writeyourownhorn.org web site which is offered to you by Angela Horn (collectively "we" or "our"). BY USING THIS SITE, YOU AGREE TO THE TERMS OF THIS USAGE AGREEMENT JUST AS IF YOU HAD SIGNED THE USAGE AGREEMENT. If you do not agree to be bound by this Agreement, please discontinue your use of this website.
1. Restrictions on Use
Write Your Own Horn website is a computer online service. It is accessible to you through a personal computer, or other access device, at writeyourownhorn.org using a communications connection (e.g., modem and telephone line). As part of my website, you will be provided with information, editorial content, prayer request sites, links to other Web sites and other computer services that I may decide to offer, subject to the terms hereof. I may discontinue or alter any aspect of the website, including, but not limited to, (i) restricting the time of availability, (ii) restricting the availability and/or scope of the website for certain platforms (i.e., computer types and operating systems), (iii) restricting the amount of use permitted, and (iv) restricting or terminating any User's right to use the website, at my sole discretion and without prior notice or liability. You are responsible for all charges (e.g., telephone) associated with connecting to the website through an available access number. You are also responsible for obtaining or providing all telephone access lines, telephone and computer equipment (including modem), or other access device, necessary to access the website. You further certify that you are an individual (e.g., not a corporation). This website is owned and operated by me and contains material which is derived in whole or in part from material supplied and owned by me and other sources, and is protected by copyright, trademark, and other applicable laws. You may not modify, copy, reproduce, republish, upload, post, transmit, publicly display, prepare derivative works based on, or distribute in any way any material from this website including code and software ("Material"). You may download Material from this website for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices. In the event that you download Material from this website, such Material is licensed to you by me and Angela Horn does not transfer title to any such Material to you.
2. Rules and Guidelines
(b) Rules for comments or articles used on Write Your Own Horn website:
(4) Community Areas. Communications posted in the forum and article areas are provided by users such as yourself who are unaffiliated with Write Your Own Horn website or Angela Horn, and the user providing each such Communication is solely responsible for the content thereof. In using the forum and article areas, you should not assume that I have reviewed such messages, that such Communications contain correct information, or that the persons posting such Communications have accurately identified themselves and/or their affiliation with any third party.
(5) Personal Safety. When using Write Your Own Horn website, please be certain that anything you say does not compromise your personal safety. Do not provide your name, phone number or any other personally identifying information to people you do not know. Do not continue any conversation online that you do not wish to be a part of.
I am pleased to hear from users and welcome your comments regarding books, articles, and photos posted by Angela Horn on Write Your Own Horn website. If, at my request, you send submissions, or other materials, they shall be deemed, and shall remain, my property, and shall otherwise be subject to the provisions Section 2 above.
4. Disclaimer of Warranties
ANY PROVIDED LINKS AND POINTERS TO INTERNET SITES MAINTAINED BY THIRD PARTIES ("THIRD PARTY SITES") MAY FROM TIME TO TIME PROVIDE THIRD PARTY MATERIALS ON THIS SERVICE. I DO NOT OPERATE OR CONTROL IN ANY RESPECT ANY INFORMATION, PRODUCTS OR SERVICES ON THESE THIRD PARTY SITES. THE MATERIALS IN THIS SERVICE AND THE THIRD PARTY SITES ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, I DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. I DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS AND PRODUCTS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SERVICE, INCLUDING FORUM AND ARTICLE AREAS, OR THE SERVER THAT MAKES THEM AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. I DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SERVICE OR IN THIRD PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE. You assume all risk of errors and/or omissions in this website, including the transmission or translation of information. You assume full responsibility for implementing sufficient procedures and checks to satisfy your requirements for the accuracy and suitability of this website, including the information, and for maintaining any means which you may require for the reconstruction of lost data or subsequent manipulations or analysis of the information provided hereunder. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, REPAIR OR CORRECTION.
5. Limitation of Liability
IN NO EVENT SHALL I OR WRITE YOUR OWN HORN WEBSITE BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SERVICE OR WITH THE DELAY OR INABILITY TO USE THIS SERVICE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH THIS SERVICE, OR OTHERWISE ARISING OUT OF THE USE OF THIS SERVICE, WHETHER BASED ON CONTRACT, ANY CIVIL WRONGDOING, STRICT LIABILITY OR OTHERWISE, EVEN IF I HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT I, ANGELA HORN, OR WRITE YOUR OWN HORN WEBSITE SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THIS SERVICE.
You agree to defend, indemnify and hold harmless, me or Write Your Own Horn website, or 1&1, from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys fees) arising out of or accruing from (a) any material posted or otherwise provided by you that infringes any copyright, trademark, trade secret, trade dress, patent or other intellectual property right of any person or defames any person or violates their rights of publicity or privacy, (b) any misrepresentation made by you in connection with your use of this website; (c) any non-compliance by you with the terms and conditions of this Agreement; and (d) claims brought by persons or entities other than the parties to this Usage Agreement arising from or related to your access and use of this website, including the information obtained through this website.
This Agreement and the license rights granted hereunder shall remain in full force and effect unless terminated, suspended, or canceled for any of the following reasons: (a) immediately upon receipt of written notice by me of its intent to terminate this Agreement, (b) upon thirty (30) days written notice by you to me that you wish to terminate this Agreement; (c) immediately by me for any unauthorized access or use by you, including, without limitation (i) concurrent access of this website with identical user identification numbers, (ii) permitting another person or entity to use your user identification number to access this website, or (iii) any other access or use of this website except as expressly provided in this Agreement; or (d) immediately, if you violate the terms and conditions of this Agreement or the rules and regulations relating to the use of, or tamper with or alter any of the software and/or data files contained in, or accessed through, this website. Termination, suspension, or cancellation of this Agreement or your access rights shall not affect any right or relief to which I may be entitled, at law or in equity. Upon termination of this Agreement, all rights granted to you will terminate and revert to me and my licensors.
The logos are my trademarks and all other trademarks, service marks and trade names used on this website are the property of their respective owners, and all of the above trademarks may not be copied, downloaded or otherwise exploited without our permission, or the owner of such trademark, service mark or trade name.
If you have agreed to allow your minor child, or a child for whom you are legal guardian (a "Minor"), to register as a member of this website, you agree that you shall be solely responsible for: (a) the online conduct of such Minor; (b) monitoring such Minor's access to and use of this website; and (c) the consequences of any use of this website by such Minor.
10. Child Online Privacy Protection Act Notification
Pursuant to 47 U.S.C. Section 230(d) as amended, I hereby notify you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at the Electronic Frontier Foundation website, http://www.eff.org/pub/Censorship/Ratings_filters_labelling/, and at the America Links Up website, http://www.netparents.org/parentstips/browsers.html.
11. Infringement Policy
Pursuant to 17 U.S.C. Section 512 as amended by Title II of the Digital Millennium Copyright Act (the "Act"), I reserve the right, but not the obligation, to terminate your license to use this website if I determine in my sole and absolute discretion that you are involved in infringing activity, including alleged acts of first-time or repeat infringement, regardless of whether the material or activity is ultimately determined to be infringing. I accommodate and do not interfere with standard technical measures used by copyright owners to protect their materials.
In addition, any written notice regarding any defamatory or infringing activity, whether of a copyright, patent, trademark or other proprietary right, should be sent to designated agent, listed above, and must include the following information:
(a) Physical or electronic signature of a person authorized to act on behalf of (1) the owner of an exclusive right that is allegedly infringed or (2) the person defamed.
(b) 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. Similarly for other types of infringing materials, a list of such materials.
(c) Identification of the material that is claimed to be infringing, to be the subject of infringing activity, or that is claimed to be defamatory and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit me to locate the material.
(d) Information reasonably sufficient to permit me to contact you, such as your address, telephone number, and/or electronic mail address.
(e) 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 or other proprietary right owner, its agent, or the law.
(f) 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 or on behalf of the person defamed.
I reserve the right to amend this Agreement, and to modify, add or discontinue any aspect, content, or feature of this website. Such amendments, modifications, additions or deletions shall become effective upon notice thereof, which may be provided to you by posting on this website, via e-mail or any other reasonable means. Continued use of this website by you shall be deemed to indicate your acceptance of any such amendments, modifications, additions or deletions.
13. Export Control Information
Unless otherwise specified, the materials on this website are presented solely to provide information regarding and to promote the website and other products available in the United States, its territories, possessions and protectorates. This website is controlled and operated by me, Angela Horn, within the United States of America. I make no representation that materials on this website are appropriate or available for use outside the United States. Those who choose to access this website from outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent that local laws are applicable. Software from this website is further subject to United States export controls. No software from this website may be downloaded or otherwise exported or re-exported
(a) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods, or
(b) to anyone on the U.S. Treasury Department list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By using the Web Site, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.