TERMS AND CONDITIONS
1. User Agreement
2. Description of Services
St. Timothy’s Episcopal Church is a charitable, nonprofit church exempt from federal income tax under section 501(c)(3) of the Internal Revenue Code (“I.R.C.”). St. Timothy’s Episcopal Church provides users access to an extensive amount of resources through the Website, including, but not limited to, information regarding ministries and services, online tools, and other communication tools that may or may not allow for personalization (the “Service”).
3. General Practices Regarding Use and Storage
Users acknowledge that St. Timothy’s Episcopal Church may establish general practices and limits concerning use of the Website, including without limitation the maximum number of days that postings or other uploaded content are retained by the Website, the maximum disk space allotted on servers for an account, and the maximum duration for which an account can be accessed in a given period of time. You acknowledge that St. Timothy’s Episcopal Church has no responsibility or liability for the deletion or failure to store any messages and other communications or other content maintained or transmitted by the Website servers. You acknowledge St. Timothy’s Episcopal Church reserves the right to change these general practices at any time with or without notice.
4. User Submissions
By submitting communications or content (including, but not limited to stories, photos, videos) to any part of this Website, blog, or social media sites, where such content would be viewable by the public (e.g. posting on a public forum/bulletin board or public chat or other public communication), you agree that such submission is non-confidential for all purposes. Any submission to this Website will be deemed and remain the property of St. Timothy’s Episcopal Church. You grant and warrant that the owner of such content has expressly granted St. Timothy’s Episcopal Church and its designees a royalty-free, perpetual, irrevocable, worldwide, non-exclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed. Such license is freely assignable by St. Timothy’s Episcopal Church at its sole discretion.
5. Modifications to the Service
St. Timothy’s Episcopal Church reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that St. Timothy’s Episcopal Church shall not be liable to you or to any third-party for any modification, suspension, or discontinuance of the Service.
You agree that St. Timothy’s Episcopal Church and its designees, in its or their sole discretion, may terminate your use of the Website, Your use of this Service, and remove and discard any content within the Service, for any reason, including, without limitation, for lack of use or if St. Timothy’s Episcopal Church believes that you have violated or acted inconsistently with the letter or spirit of this User Agreement. You agree that any termination of your access may be affected without prior notice, although St. Timothy’s Episcopal Church shall send electronic notice to you at the point of such termination, and you acknowledge and agree that St. Timothy’s Episcopal Church may immediately deactivate or delete your account and all related information and files in your account and/or bar further access to such files or the Service. Further, you agree that neither St. Timothy’s Episcopal Church nor any agent or designee shall be liable to you or any third-party for any termination of your access to the Service.
7. Disclaimer of Warranties and Limitation of Liability.
THIS WEBSITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY ST. TIMOTHY’S EPISCOPAL CHURCH ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. ST. TIMOTHY’S EPISCOPAL CHURCH MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, ST. TIMOTHY’S EPISCOPAL CHURCH DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ST. TIMOTHY’S EPISCOPAL CHURCH DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THEIR SERVERS; OR ELECTRONIC COMMUNICATIONS SENT FROM ST. TIMOTHY’S EPISCOPAL CHURCH ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ST. TIMOTHY’S EPISCOPAL CHURCH AND ITS DESIGNEES SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
You agree that you will hold harmless St. Timothy’s Episcopal Church, its agents and designees, and each of the foregoing’s officers, directors, employees, members, managers, agents, contractors, and volunteers (the “Released Parties”) from all claims arising out of or related to your access or use of, or your inability to access or use, the Service, this Website or the information contained in this Website or other websites to which it is linked. This includes, but is not limited to, information or materials viewed or downloaded from this Website or another website to which it is linked that appear to you or are construed by you to be obscene, offensive, defamatory, or that infringe upon your intellectual property rights. In no event will St. Timothy’s Episcopal Church or the contributors of information to this Website and/or the Service be liable to you or anyone else for any decision made or action taken by you in reliance on such information or for any consequential, special or similar damages, even if advised of the possibility of such damages.
You acknowledge that the opinions and recommendations contained in this Website are not necessarily those of St. Timothy’s Episcopal Church or endorsed by St. Timothy’s Episcopal Church. St. Timothy’s Episcopal Church may provide links on the Website to other websites which are not under the control of St. Timothy’s Episcopal Church. In general, any website which has an address (or URL) which does not contain “sainttimothys.org” is such a website. These links are provided for convenience of reference only and are not intended as an endorsement by St. Timothy’s Episcopal Church or the organization or individual operating the website or a warranty of any type regarding the website or the information on the website.
10. Third-Party Websites and Content
This Website is available for informational purposes only. The Website may contain links to other internet web sites of nonprofits, organizations, or companies around the United States of America. Use of such third-party links, websites and the website materials and any other material or content on and made available through the Website is entirely at your own risk. St. Timothy’s Episcopal Church does not recommend and expressly disclaims any responsibility for the content, the accuracy of the information, or quality of products or services provided by or advertised on third-party sites or the transactions you conduct or enter into with third-parties. Your use of any third-party’s website is at your own risk, and subject to the terms and conditions of such other websites. St. Timothy’s Episcopal Church does not endorse any group, nonprofit, organization, product, service, or treatment provided on a third-party website or advertised or provided on the Website.
We do not claim ownership of this third-party content.
If you are an owner whose information, website, or content is posted, featured, or linked-to on our Website, and you wish for this information to not be posted, featured, or linked-to on our Website, please contact us immediately. You may email us at email@example.com with a comprehensive detailed message setting forth the following information: (a) your name and the name of your company, organization, or nonprofit; (b) your contact information, including your email address; (c) the content you would like removed.
We will respect your request, and we will attempt to remove your requested content, link to your site, and any references to You within 48 hours of receipt of your request.
11. Usage of Material.
Except as to Public Content and third-party websites and content (See Section 10), and unless otherwise indicated, all information contained on this Website, such as text, graphics, logos, button icons, images, audio, and other copyrightable material (collectively “Material”), is copyrighted by, and proprietary to St. Timothy’s Episcopal Church and/or its licensors, and may not be copied, reproduced, transmitted, displayed, performed, distributed, sublicensed, altered, stored for subsequent use or otherwise used in whole or in part in any manner without St. Timothy’s Episcopal Church’s prior written consent, except that the user may make such temporary copies in a single computer’s RAM and hard drive cache as are necessary to browse the Website. The user may also make a single copy of the Material displayed on any page of the Website to be used by the user for personal and noncommercial uses which do not harm the reputation of St. Timothy’s Episcopal Church, provided that the user does not remove any legal notices, including any trademark, copyright, or other notices contained in such Material.
12. Trademarks, Copyrights, and Right of Publicity.
Except for Public Content and third-party websites and content, all trademarks and service marks appearing on the Website are owned by St. Timothy’s Episcopal Church and/or its licensors, or their respective owners, including without limitation the St. Timothy’s Episcopal Church word mark and logo. Other than as expressly allowed herein, the use of such trademarks and/or service marks without the prior written consent of St. Timothy’s Episcopal Church is expressly prohibited and all rights thereto are reserved.
This Website (excluding linked sites) is controlled by St. Timothy’s Episcopal Church, which is located in the State of Oregon, United States of America. It can be accessed from all 50 states in the United States, as well as from other countries around the world. As each of these places has laws that may differ from those of Oregon, by accessing this Website both you and St. Timothy’s Episcopal Church agree that the statutes and laws of the State of Oregon, without regard to conflicts of laws principles thereof, will apply to all matters arising from or relating to use of this Website, or enforcement of the terms of this User Agreement. You and St. Timothy’s Episcopal Church also agree and hereby submit to the exclusive personal jurisdiction and venue of the state or federal courts located in Portland, Oregon, with respect to such matters. St. Timothy’s Episcopal Church makes no representation that materials on the Website are appropriate or available for use in other locations, and accessing them from territories where their content is illegal is prohibited. Those who choose to access this Website from other locations do so on their own initiative and are responsible for compliance with local laws. We reserve the right to limit the availability of the Website and/or the provision of any service, program, film, or other product described thereon to any person, geographic area or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any such service, program, film, or other product that we provide. 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 (i) into (or to a national or resident of) any country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using any software from this 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.
14. Linking Information.
St. Timothy’s Episcopal Church encourages and permits text links to content on the St. Timothy’s Episcopal Church Website, sainttimothys.org, provided: (a) the appearance, position and other aspects of either the link or the host website may not be such as to damage or dilute the goodwill associated with St. Timothy’s Episcopal Church’s name, service marks trademarks and/or other intellectual property and assets of St. Timothy’s Episcopal Church; (b) the appearance, position, and other aspects of either the link or the host website may not create the false appearance that an entity other than St. Timothy’s Episcopal Church is associated with or sponsored by St. Timothy’s Episcopal Church; and (c) St. Timothy’s Episcopal Church reserves the right to revoke its consent to the link at any time in its sole discretion by amending this User Agreement.
16. International Use
The St. Timothy’s Episcopal Church Website is controlled and operated from within the United States. St. Timothy’s Episcopal Church makes no representation that the St. Timothy’s Episcopal Church Website is appropriate or available in locations outside the United States. Those who choose to access the St. Timothy’s Episcopal Church Website from other locations are responsible for compliance with applicable laws. International users must comply with all local rules regarding online conduct and acceptable content, including laws regulating the export of data from the United States or your country of residence.
17. Terms and Termination
In the event that any of the provisions of this Agreement are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that this agreement shall otherwise remain in full force and effect
This agreement constitutes the entire agreement between the parties hereto pertaining to the subject matter hereof, and any and all written or oral agreements heretofore existing between the parties hereto with respect to the subject matter of this agreement are expressly canceled.