The Church of God of Carmichael Website
Terms of Use, Limited Download and Use License
Welcome to the official website (“Website”) of the Church of God of Carmichael (“Church”). We appreciate your interest in using our website and welcome you to our electronic home. Please note that: (a) the following Terms of Use (“Terms of Use”) establish the terms under which individuals and organizations may access, use and download Website Content; (b) any person or organization accessing or using the Website is a “User” for purposes of the Terms of Use; and (c) use of the Website and/or download and use of Website Content constitutes the User’s full agreement to comply with and be bound by each and all of the Terms of Use. The Website is owned and operated by the Church and made accessible to Users pursuant to the specific terms and conditions of the Terms of Use and other policies, rules, procedures and practices established, posted and modified by the Church and Website staff from time to time.
1. General Disclaimer. The Website may contain facts, views, opinions, statements, recommendations, Audiovisual Materials, advertisements and other content, as well as links to external websites not owned or controlled by the Church (collectively, “Website Content”). The Church and Website staff make no warranties or representations as to the accuracy, safety or value of Website Content created, published, displayed, provided or distributed by third parties, and assume no liability or responsibility for errors or omissions in Website Content. Use and reliance upon Website Content is taken at the User’s sole risk.
2. Description of Service. The Website provides Users with access and limited, personal use rights to Website Content. Each User is personally responsible for obtaining, providing and maintaining: (a) access to the Internet, including without limitation payment of telephone, cable or other connection and service fees associated with Internet access, and (b) all equipment required to access and use the Website and the Internet, including without limitation access to a computer and modem. The Church and Website staff accept no responsibility or liability for the ability or inability of any User to access the Website or to take advantage of some or all of the available Website Content.
3. Audiovisual Materials, Limited License. Certain portions of the Website enable or permit Users to access, download, read and/or listen to Website Content posted, offered and provided by or on behalf of the Church and available in MP3, .pdf or other viewable, downloadable or streaming formats (collectively, “Audiovisual Materials”). Audiovisual Materials are part of Website Content and subject to the Terms of Use. Audiovisual Materials are copyrighted under the laws of the United States and remain the exclusive property of the Church and relevant copyright holders. The Church hereby grants Users a limited, non-transferable, personal license to download and listen to Audiovisual Materials (“License”). This License is for private, personal use only. Audiovisual Materials may not be edited, altered, reproduced, copied, rewritten or modified from their original form and content. Audiovisual Materials and copies of Audiovisual Materials may not be sold or transferred without the advance written consent of the Church and the relevant copyright holder. Audiovisual Materials may not be used or reproduced for public performance, use or display without a separate license and permission from the Church and the relevant copyright holder. Persons seeking a commercial, public use or other special license should contact Pastor David Goble of the Church by telephone at 916.482.7128 or by email at .
4. Personal Use Only. The Website, Website Content and related services are made available to Users for personal, non-commercial use only. Users may not copy, reproduce, edit, alter, overwrite, block or delete Website Content. Users may not alter the appearance or functionality of the Website. Users may not use the Website or any Website Content to advertise or sell a product or service without the advance written consent of the Church and any relevant copyright holders. The Church reserves the sole, exclusive and discretionary right to determine what constitutes “selling” and “advertising” and to grant or deny any person or entity the right to sell or advertise a product or service on the Website or to use Website or Website Content for sales, advertising or any other commercial purpose. Users may not take, appropriate, copy, publish, reproduce, or use all or any part of the Website or Website Content for any purpose without the advance written consent of the Church or the legal owner of the relevant content.
5. Protected Content. Users understand and agree that all Website Content is protected by patent, copyright, trademark, trade dress, service mark, intellectual property law or other applicable law and that Users are permitted to access and use Website Content only on a limited basis pursuant to the provisions of the Terms of Use or as specifically authorized in writing by the owner of the relevant content. The Church reserves and retains full ownership and other intellectual property rights to Website Content created by or belonging to the Church. Users may not and agree not to make any claim to ownership or other legal rights to Website Content belonging to the Church or any third party. Users may not reproduce, copy, publish, distribute or create derivative works based upon protected Website Content without the prior written consent of the legal owner of the Website Content. The Church and Website staff will not: (a) act as an intermediary for Users to obtain permission to use Website Content belonging to third parties other than Church staff, (b) mediate or resolve disputes between Users and third party owners of Website Content, or (c) accept responsibility or liability for wrongful use of Website Content by any User.
6. DMCA Compliance. The Terms of Use include and incorporate the Website DMCA Compliance Notice (“DMCA Notice”) posted on the Website and incorporated by this reference as if fully set forth herein.
7. Privacy Policy. The Church and Website staff respect User privacy. The Church and Website staff will not disclose, edit or monitor the name or contact information of any User except as reasonably required: (a) by law or to comply with legal process served on the Church or Website, (b) to comply with the Terms of Use, Disclaimer, Privacy Policy and other Website policies, rules, procedures and practices, (c) to develop, improve, operate, maintain and debug Website, including without limitation the use of cookies and other forms of non-specific User recognition, or (d) to protect and defend the rights, property and personal safety of the Church, Website, Users or members of the public.
8. Changes to Terms of Use. The Terms of Use are subject to change without notice. The Church and Website staff will notify Users of significant changes by posting a notice on the Website. Minor changes will be posted or included in the Terms of Use. Users are responsible for reviewing the Terms of Use regularly. Use of the Website indicates the User’s full and complete agreement to each and every one of the current Terms of Use as if the User had signed a written document containing the Terms of Use.
9. Modification or Termination. The Church reserves the sole and exclusive right to change, suspend or terminate the Website, any or all Website Content and all related services at any time and from time to time with or without cause or prior notice. The Church and Website staff are not liable to any User or third party for any change to, suspension or termination of the Website, Website Content or related services. The Church reserves the right to suspend, delete, block out or eliminate any Website Content at any time and for any reason. Suspension, deletion, blocking and similar actions may occur with or without cause or prior notice and may be temporary or permanent at the sole discretion of the Church. The Church and Website staff have no responsibility to provide any User with copies of any suspended, deleted, blocked, terminated or eliminated Website Content. Users understand and agree that the right of the Church to terminate, delete, modify and restrict access to Website Content and to terminate the Website and related services at any time, with or without cause or prior notice, is a vital, non-negotiable part of these Terms of Service. The Church and Website staff assume no responsibility or liability for deletion of or failure to store Website Content.
10. Third Party Content. The Website may feature Website Content, including without limitation advertisements and promotions, created by or obtained from third parties not owned or operated by the Church. Users agree not to block, interfere or attempt to block or interfere with any Website Content. EACH USER HEREBY RELEASES THE CHURCH AND WEBSITE STAFF FROM ANY AND ALL LIABILITY RELATING TO CONTACT, COMMUNICATION, CONTRACTS AND OTHER RELATIONSHIPS BETWEEN THE USER AND ADVERTISERS OR OTHER THIRD PARTIES NOT OWNED OR CONTROLLED BY THE CHURCH, INCLUDING WITHOUT LIMITATION LIABILITY FOR OR ARISING OUT OF GOODS, SERVICES, TERMS, CONDITIONS, WARRANTIES AND REPRESENTATIONS MADE BY OR CONNECTED WITH ADVERTISERS OR THIRD PARTIES. The Church and Website staff assume no responsibility, obligation or liability for contacts, communications, contracts, promotions or relationships between any User and any advertiser(s) or other third party. Users specifically understand and agree that the Church and Website staff do not control all Website Content and that the Church and Website staff disclaim all responsibility and liability for or relating to information, data, text, messages, original or derivative ideas, works of authorship, joint works, titles, captions, music, sound, graphics, artistic works, photographic works, video, concepts, methods, improvements, designs, discoveries, ideas, software, websites, trademarks, trade dress and trade secrets, whether or not patentable or registrable under patent, copyright, trademark or similar laws, solely or jointly conceived, and whether or not produced, developed, experimented upon or reduced to practice (collectively, “Material”) and other Website Content created, provided, uploaded, linked or posted by third parties not owned and legally controlled by the Church.
11. User Conduct. Users hereby agree: (a) to comply with the laws of the United States and the state of California, including without limitation laws governing the transmission of technical data exported from the United States through the Internet and other electronic media, (b) to comply with all posted policies, rules, procedures and practices, including without limitation each and every provision of these Terms of Use, (c) not to disrupt, interfere with, “hack” or access the Website, or any website, network, server, system or computer connected to the Website, without the express permission of the system and/or website owner, (d) not to use the Website or the name of the Website or the Church for or in connection with chain letters, junk mail or spamming, (e) not to use or assist others in using Website Content, including without limitation Audiovisual Materials, in any manner which would violate the laws of the United States or these Terms of Use, (f) not to create, provide, upload, link, post or transmit any information on, to or through the Website, and not to use any Website Content, in any manner which encourages or incites conduct which gives rise to actual or potential criminal or civil liability or violates applicable law, and (h) not to intentionally interfere with the operation of the Website or the use and enjoyment of the Website by other Users. Company and Website reserve the right to take legal action against any User who breaches or fails to conform to the Terms of Use.
12. Suggestions. The Church and Website staff do not accept or consider unsolicited ideas, suggestions or proposals relating to the operations, organization, publications or other property of the Church and the Website (collectively “Ideas”). Users understand and agree that: (a) any Idea sent to the Church or Website staff will be considered non-proprietary, non-confidential and fully released for use by the Church and the Website free of charges or fees, (b) the Church and Website staff have no obligation or liability to any User or any third party relating to or arising out of the use, nonuse, disclosure, publication or receipt of any Idea, and (c) the Church and Website staff may use Ideas for any purpose, including without limitation commercial uses, free of charge and without liability, restriction or compensation to the submitting User.
13. Acceptance of Risk, Indemnity. Users agree to download, obtain, or access Website Content at the relevant User’s sole discretion, risk and responsibility. Users accept sole responsibility and liability for any damage to their computers, hardware, operating systems, software, networks, servers and Internet service, including without limitation destruction, loss or corruption of data files, resulting from using, downloading or accessing the Website and Website Content. Users agree to indemnify the Church and Website staff against any and all claims, losses, liabilities, damages, demands, suits, causes of action, judgments, costs and expenses, including without limitation court costs and attorneys’ fees resulting from or arising out of any breach of these Terms of Use by the indemnifying User. Users understand that use of the Website and related or linked websites and services may result in exposure to Website Content or information with which Users may not agree, and hereby covenant and agree to hold the Church and Website staff harmless from and against any claim, loss, damage or other effect resulting from User’s exposure to information which the relevant User finds objectionable or offensive or with which the User does not agree.