Last Updated: June 15, 2015
These Terms constitute a legally binding agreement made by and between CBS and you, personally and, if applicable, on behalf of the entity for whom you are using the Website (collectively, “You”). These Terms govern Your use of the Website so please read them carefully. BY ACCESSING OR USING ANY PART OF THE WEBSITE, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD AND AGREED TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO BE SO BOUND, DO NOT ACCESS OR USE THE WEBSITE.
IF YOU ARE A PARENT OR LEGAL GUARDIAN AGREEING TO THESE TERMS FOR THE BENEFIT OF A CHILD, YOU ARE FULLY RESPONSIBLE FOR HIS OR HER USE OF THE WEBSITE, INCLUDING WITHOUT LIMITATION ANY LEGAL LIABILITY THAT HE OR SHE MAY INCUR.
Internet technology and applicable laws, rules and regulations change frequently. Accordingly, CBS reserves the right to make changes to these Terms at any time. Your continued use of the Website constitutes assent to any new or modified provision of these Terms that may be posted on the Website.
2 ACCESS TO THE WEBSITE
Except as expressly provided below, the Website is intended to be used only by individuals and entities that can form legally binding contracts under applicable law. You must comply with all of the terms and conditions of these Terms, the policies referred to below, and all applicable laws, regulations and rules when You use the Website.
CBS will not be liable for any failure or deficiency in the performance of the Website by reason of the occurrence of any event beyond our reasonable control, including without limitation, a labor disturbance, an Internet outage, interruption of service, communication outage, failure by a service provider to CBS, fire, terrorism, natural disaster, war or other.
3 INTELLECTUAL PROPERTY RIGHTS
The contents of the Website (including, but not limited to, data, information, design, text, graphics, illustrations, “look and feel”, audio clips, video clips, other files, and the selection, arrangement and organization thereof) are owned by CBS, its licensors or other entities and are protected by copyright and other intellectual property rights.
Subject to the terms and conditions of these Terms, You are hereby granted a limited, non-exclusive right to use the content and materials on the Website in the normal course of Your use of the Website without any commercial purpose. You may not use any third party intellectual property without the express written permission of the applicable third party, except as permitted by law. CBS will retain ownership of its intellectual property rights and You do not obtain any rights therein by virtue of these Terms or otherwise, except as expressly set forth in these Terms.
You do not have the right to copy, reproduce, publish, download, post, create derivative works from, transmit or distribute any content of the Website in any manner. Modification of the contents or their use with another aim constitutes an infringement of CBS’ property rights. It is forbidden to use these contents on another website or in a computer network environment.
Trademarks, service marks, trade names, product names, logos, designs, titles, and words or phrases used on the Website, including, without limitation, the mark “Community Bible Study Fish Logo” and related design marks are owned by CBS, its licensors or other entities. All page headers, custom graphics, button icons and scripts are trademarks or trade dress of CBS. All other trademarks, trade names and the like that appear on the Website are the property of their respective owners. You may not use any of these trademarks, trade dress, or trade names without express permission.
4 PROHIBITED CONDUCT
In using the Website, You agree that You will not: (i) infringe any patent, trademark, trade secret, copyright, right of publicity or other right of any party; (ii) defame, abuse, harass, stalk any individual, or disrupt or interfere with the security or use of the Website or any websites linked to it; (iii) interfere with or damage the Website, including, without limitation, through the use of viruses, Trojan horses, harmful code, denial of service attacks, packet or IP spoofing, forged routing or email address information or similar methods or technology; (iv) attempt to use another user’s account, impersonate another person or entity, misrepresent Your affiliation with a person or entity, including (without limitation) CBS or create or use a false identity; (v) attempt to obtain unauthorized access to the Website or portions thereof that are restricted from general access; (vi) engage, directly or indirectly, in transmission of “spam,” chain letters, junk mail or any other type of unsolicited solicitation; (vii) collect, manually or through an automatic process, information relating to the Website; (viii) use any meta tags or any other “hidden text” utilizing the CBS name, trademarks, or product names; (ix) attempt to reverse engineer or otherwise derive or obtain the code in any form for any software used in the Website; (x) engage in any activity that interferes with any third party’s ability to use or enjoy the Website; or (xi) assist any third party in engaging in any activity prohibited by these Terms.
5.1 Forbidden Hyperlinks to the Website
In order to respect the integrity of the Website contents and avoid creating confusion among users regarding the origin of the contents, the following are forbidden:
- Extended links which allow Internet users access to pages within the Website without first passing through the Home Page of the Website or through subsections of the Website;
- Inline links which allow the user to automatically see the Website contents at a specific location;
- Framing links, which enable a page from the Website to appear in a frame within the page of the Website visited by the user.
5.2 Authorized Hyperlinks to the Website
The following are permitted:
- Simple links to the home page of the Website;
- Simple links to the home page of the various subsections of the Website.
In any event, links from websites containing immoral, violent, pornographic or pedophilic material, websites that undermine human dignity or that are intended to display or sell objects, substances and/or works that are banned or illicit, are strictly forbidden.
Under no circumstances shall a hyperlink to the Website from the website of a third party imply co-operation between CBS and such third party website or endorsement by CBS of such third party website. CBS has no control over third party websites and therefore assumes no responsibility with respect to contents, products, services, information, hardware or software of websites containing a hyperlink to the Website.
5.3 Hyperlinks to Third Party Websites
The Website may contain links to the websites of third party companies. CBS has no control over these websites and therefore assumes no responsibility with respect to the availability of these websites, their content, advertising material, and the products or services available at or through these websites. CBS accepts no liability for any direct or indirect damage that may result from a user’s visit to any third party websites, or from the use of the contents and services of third party websites by the user.
7 REPRESENTATIONS AND WARRANTIES AND INDEMNIFICATION
You represent and warrant to CBS that: (i) You have the full power and authority to enter into and perform Your obligations under these Terms; (ii) Your assent to and performance of Your obligations under these Terms do not constitute a breach of or conflict with any other agreement or arrangement by which You are bound, or any applicable laws, regulations or rules; (iii) these Terms constitute legal, valid and binding obligations on You, enforceable in accordance with their terms and conditions; (iv) You will not infringe the patent, copyright, trademark, trade secret, right of publicity or other intellectual property or proprietary right of CBS or any third party in Your use of the Website; and (v) You will comply with all applicable laws, rules and regulations in Your use of the Website, including these Terms.
You agree to indemnify and hold CBS and its employees, representatives, agents, attorneys, affiliates, directors, officers, members, managers and shareholders (“Indemnified Parties”) harmless from any damage, loss, cost or expense (including without limitation, attorneys’ fees and costs) incurred in connection with any third party claim, demand or action (“Claim”) brought or asserted against any of the Indemnified Parties: (i) alleging facts or circumstances that would constitute a breach by You of any provision of these Terms; or (ii) arising from, related to, or connected with Your use of the Website. If You are obligated to provide indemnification pursuant to this provision, CBS may, in its sole and absolute discretion, control the disposition of any Claim at Your sole cost and expense. Without limiting the foregoing, You may not settle, compromise or in any other manner dispose of any Claim without the prior written consent of CBS.
8 DISCLAIMERS, EXCLUSIONS AND LIMITATIONS
8.1 Disclaimer Of Warranties
CBS PROVIDES THE WEBSITE ON AN “AS IS” AND “AS AVAILABLE” BASIS. CBS DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE OR ITS USE (I) WILL BE UNINTERRUPTED OR SECURE, (II) WILL BE FREE OF DEFECTS, INACCURACIES OR ERRORS, (III) WILL MEET YOUR REQUIREMENTS, OR (IV) WILL OPERATE WITH OTHER HARDWARE OR SOFTWARE YOU USE. CBS HEREBY DISCLAIMS ANY AND ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT.
Neither the Website nor its content constitutes or includes advice of any form. You assume all risk related to Your decisions and CBS will have no responsibility therefor.
CBS reserves the right to modify or correct the contents of the Website at any time, without notice. CBS shall not be liable in the event of contamination of Your computer equipment as a result of virus propagation or other computer ‘infections’. You are responsible for taking all appropriate measures to protect Your own data and software from contamination by any viruses circulating via the Internet.
8.2 Exclusion Of Damages
UNDER NO CIRCUMSTANCES SHALL CBS, ITS EMPLOYEES, AFFILIATES, REPRESENTATIVES, AGENTS OR THE THIRD PARTIES MENTIONED ON ITS WEBSITE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY OR SPECIAL DAMAGES (INCLUDING DAMAGES RELATING TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) ARISING OUT OF, RELATING TO OR CONNECTED WITH THE USE OF THE WEBSITE OR INFORMATION OBTAINED FROM THE WEBSITE, REGARDLESS OF THE CAUSE OF ACTION ON WHICH THEY ARE BASED, WHETHER BASED ON CONTRACTUAL LIABILITY, TORT, PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OCCURRING. IN JURISDICTIONS WHERE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES IS NOT PERMITTED, CBS’ LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
8.3 Limitation Of Liability
IN NO EVENT WILL THE LIABILITY OF CBS ARISING FROM, RELATING TO, OR IN CONNECTION WITH THESE TERMS OR THE WEBSITE EXCEED U.S. $100.00.
CBS may, in its sole discretion and without any liability change, modify, suspend, make improvements to or discontinue any aspect of the Website, temporarily, or permanently, at any time without prior notice. Without limiting the foregoing, CBS may terminate or suspend Your access to the Website if CBS reasonably believes that You are in violation of these Terms. Upon such suspension or termination, You must immediately cease all access and use of the Website.
10 JURISDICTION AND APPLICABLE LAW
The interpretation of the rights and obligations of the parties under this Agreement, including, to the extent applicable, any negotiations, arbitrations or other proceedings hereunder, will be governed in all respects exclusively by the laws of the State of Colorado U.S.A. without regard to conflict of law principles.
11 WAIVER OF CLASS ACTION RIGHTS; LIMITATION OF ACTIONS
By entering into these Terms, You hereby irrevocably waive any right You may have to join claims with those of others in the form of a class action or similar procedural device. Any claims arising out of, relating to, or connected with these Terms must be asserted individually.
You acknowledge and agree that, regardless of any statute or law to the contrary, any claim or cause of action You may have arising out of, relating to, or connected with Your use of the Website must be filled within one (1) calendar year after such claim or cause of action arises, or forever be barred.
12 CORRESPONDENCE WITH CBS
Correspondence with CBS must be in accordance with the contact methods proposed on the Website. CBS replies to emails may not be equated to or considered proof of advertising, promotional or commercial activity in the destination country of these replies. Correspondence from CBS to You shall be sent to You at the address provided by You. If applicable law requires that a given communication be “in writing,” You agree that email communication will satisfy this requirement.
These Terms will be binding upon each party hereto and its successors and permitted assigns. These Terms are not assignable or transferable by You without the prior written consent of CBS. These Terms (including all of the policies described in these Terms, which are incorporated herein by this reference) contain the entire understanding of the parties regarding its subject matter, and supersedes all prior and contemporaneous agreements and understandings between the parties regarding its subject matter. No failure or delay by CBS in exercising any right, power or privilege under these Terms will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other such right, power, or privilege. You and CBS are independent contractors, and no agency, partnership, joint venture, or employee-employer relationship is intended or created by these Terms. If any provision of these Terms is held to be unenforceable or invalid in whole or in part, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remaining provision shall be given full force and effect. The prevailing party in any proceeding arising from or related to this Agreement will be entitled to receive its costs, expert witness fees and reasonable attorneys’ fees, including costs and fees on appeal.