FH has the right, but not the obligation, to regulate content (which includes but is not limited to postings, text, code, images, video, binary files, ads, accounts, account information, flags, emails, messages and any other User communications) ("content") posted to, stored on or transmitted via Faithhappenings by any User (or any other third party in any manner); to regulate conduct (including but not limited to any authorized or unauthorized access to or use of Faithhappenings) by any User (or any other third party in any manner); and to enforce the TOU, for any reason and in any manner or by any means that FH, in its sole discretion, deems necessary or appropriate (including but not limited to automated and manual screening, blocking, filtering, exclusion from index pages, exclusion from search results, requiring the use of an application programming interface (API), requiring the use of a bulk posting interface, authorization, verification, and the deletion and/or termination of content, accounts and/or all or any use or access). FH may, in its sole discretion and without notice, start, stop or modify any regulation or enforcement measures at any time. FH action or inaction to regulate content or conduct or to enforce against any potential violation of the TOU by any User (or any other third party) does not waive FH's right to implement or not implement regulation or enforcement measures with respect to any subsequent or similar content, conduct or potential TOU violation. FH agrees to send you emails as you request in the sign-up page. Further, from time to time, at the reasonable discretion of FH, FH may also send emails to your account email address that advertise certain products, services or events that may be of interest to you, as stated in your preferences. If you feel you are receiving more than a reasonable amount of non-requested emails, you may adjust your preferences at any time or discontinue your membership. You also understand and agree that any action or inaction by FH or any of its directors, officers, stockholders, employees, consultants, agents or representatives (collectively, "FH Representatives") to prevent, restrict, redress or regulate content, or to implement other enforcement measures against any content, conduct or potential TOU violation is undertaken voluntarily and in good faith, and you expressly agree that neither FH nor any FH Representative shall be liable to you or anyone else for any action or inaction to prevent, restrict, redress, or regulate content, or to implement other enforcement measures against any content, conduct or potential violation of the TOU. Although FH Representatives may moderate content, conduct and TOU compliance on Faithhappenings at FH's discretion, FH Representatives have no authority to make binding commitments, promises or representations to anyone that they or anyone else on behalf of FH will "take care" of any alleged problem or complaint, or that they or anyone else on behalf of FH will otherwise stop, cure or prevent any problem, content, conduct or purported TOU violation from occurring or recurring. Accordingly, you further agree that any representation (written or verbal) by any FH Representative (or by anyone else acting on behalf of FH or by anyone purportedly acting on behalf of FH) that FH (including but not limited to any FH Representative, anyone else acting on behalf of FH, or anyone purportedly acting on behalf of FH) would or would not prevent, restrict, redress or regulate content (including, without limitation, screen, block, moderate, review, remove, terminate, delete, edit or otherwise stop, cure or exclude any content), or to implement other enforcement measures against any content, conduct or potential or purported TOU violation is superseded by this provision and is nonbinding and unenforceable. Specifically, you agree that FH, FH Representatives and anyone else authorized to act on behalf of FH shall in no circumstance be liable as a result of any representation that FH, a FH Representative or anyone else on behalf of FH would or would not restrict or redress any content, conduct or potential or purported TOU violation. This paragraph may not be modified, waived or released except by a written agreement, dated and signed by FH's Chief Executive Officer and dated and signed by the individual or entity to whom the modification, waiver or release is granted. FH also has the right in its sole discretion to limit, modify, interrupt, suspend or discontinue all or any portions of Faithhappenings at any time without notice. FH and FH Representatives shall not be liable for any such limitations, modifications, interruptions, suspensions or discontinuance, or any purported losses, harm or damages arising from or related thereto.
3. CONTENT, INTELLECTUAL PROPERTY, AND CONDUCT
4. POSTING AND ACCOUNTS
This section 4 applies to all uses and Users of Faithhappenings, unless FH has specifically authorized an exception to a particular term for a particular User in a written agreement. FH has sole and absolute discretion to authorize or deny any exception or exceptions to the terms in this section 4. a. Postings Faithhappenings is intended and designed as a local and national service. A User may post content only to the specific geographic area offered on Faithhappenings for which that content is most relevant. The same or substantially similar content (for example, an ad for a particular event or service, a particular offer, a particular message or a particular comment) may not be posted to or communicated via more than one such geographic area unless it serves other areas. FH will have complete rights to determine if a posting fits more than one area. The same or substantially similar content may not be posted in more than one Faithhappenings category. A User may post content only in the single Faithhappenings category to which it is most relevant, and must not post content to inappropriate categories. For example, content advertising day care or schools must be posted under the “Educational Opportunities” button and may not be posted in any “Upcoming Events” category. Likewise, content advertising “Counselors” must be posted under the "People You Need" category and not under "Places You Need" category. Users may not circumvent any technological measure implemented by FH to restrict the manner in which content may be posted on Faithhappenings or to regulate the manner in which content (including but not limited to blogger postings) may be transmitted to other Users. This prohibition includes, without limitation, a ban on the use of multiple email addresses (created via an email address generator or otherwise); the use of multiple IP addresses (via proxy servers, modem toggling, or otherwise); CAPTCHA circumvention, automation or outsourcing; multiple and/or fraudulent Faithhappenings accounts, including phone-verified accounts; URL shortening, obfuscation or redirection; use of multiple phone lines or phone forwarding for verification; and content obfuscation via HTML techniques, printing text on images, inserting random text or content "spinning." It is expressly prohibited for any third party to post content to Faithhappenings on behalf of another. Users must post content only on their own behalf, and may not permit, enable, induce or encourage any third party to post content for them. It is expressly prohibited to post content to Faithhappenings using any automated means. Users must post all content personally and manually through all steps of the posting process, using the templates provided on the FH site. It is also expressly prohibited for any User to develop, offer, market, sell, distribute or provide an automated means to perform any step of the posting process (in whole or in part). Any User who develops, offers, markets, sells, distributes or provides an automated means to perform any step of the posting process (in whole or in part) shall be responsible and liable to FH for each instance of access to Faithhappenings (by any User or other third party) using that automated means. Affiliate marketing by registered Users is expressly prohibited on Faithhappenings. Users may not post content or communicate with any Faithhappenings User for purposes of affiliate marketing or in connection with any affiliate marketing system, scheme or program in any manner or under any circumstance. b. Accounts A User may maintain and use no more than one account, including a telephone or phone-verified account ("PVA"), to post content. A User specifically may not create or use additional accounts for the purpose of circumventing technological restrictions (security measures) in the posting process or otherwise for posting content in violation of the TOU. A User may create an account, including a PVA, only on his/her own behalf. A User must not permit, enable, induce or encourage others to create accounts or PVAs for him/her. The creation of accounts or PVAs for others is expressly prohibited. A User must only use his/her own account or PVA, and may not use any account or PVA of another. The purchase and sale of accounts, including but not limited to PVAs, is expressly prohibited. A User must create his/her account or PVA personally and manually and may not create accounts or PVAs by any automated means. Without limitation, this includes the obligation that the User personally and manually solves any CAPTCHA challenge in the account creation process. Further, a User must create any PVA using his/her own valid email address and password. The circumvention of any technological restriction or security measure in the account creation or PVA creation process is also expressly prohibited. c. Flagging A User shall not "flag" (or otherwise seek removal of) content on Faithhappenings without a personal, good-faith belief that the content violates the TOU. A User may flag content only on his/her own behalf. A User must not permit, enable, induce or encourage others to flag content for them. A User must not flag content for others. A User flagging content must do so manually by sending an email to email@example.com and may not employ any automated means, products (including, without limitation, software programs) or services to flag content. A User must not circumvent any technological restrictions (security measures) in the flagging process. Without limitation, this prohibition includes a ban on the use of multiple IP addresses for flagging (by use of proxy servers or any means whatsoever).
5. UNAUTHORIZED ACCESS AND ACTIVITIES
This section 5 applies to all uses and Users of Faithhappenings, unless FH has specifically authorized an exception to a particular term for a particular User in a written agreement. FH has sole and absolute discretion to authorize or deny any exception or exceptions to the terms in this section 5. To maintain the integrity and functionality of Faithhappenings for its Users, access to Faithhappenings and/or activities related to Faithhappenings that are harmful to, inconsistent with or disruptive of Faithhappenings and/or its Users' beneficial use and enjoyment of Faithhappenings are expressly unauthorized and prohibited. For example, without limitation: The collection of Faithhappenings Users' personal information (including but not limited to email addresses, IP addresses and telephone numbers) is not allowed for any purpose. Any copying, aggregation, display, distribution, performance or derivative use of Faithhappenings or any content posted on Faithhappenings whether done directly or through intermediaries (including but not limited to by means of spiders, robots, crawlers, scrapers, framing, iframes or RSS feeds) is prohibited. As a limited exception, general purpose Internet search engines and noncommercial public archives will be entitled to access Faithhappenings without individual written agreements executed with FH that specifically authorize an exception to this prohibition if, in all cases and individual instances: (a) they provide a direct hyperlink to the relevant Faithhappenings website, service, event, forum or content; (b) they access Faithhappenings from a stable IP address using an easily identifiable agent; and (c) they comply with FH's robots.txt file; provided however, that FH may terminate this limited exception as to any search engine or public archive (or any person or entity relying on this provision to access Faithhappenings without their own written agreement executed with FH), at any time and in its sole discretion, upon written notice, including, without limitation, by email notice. Any access to or use of Faithhappenings to design, develop, test, update, operate, modify, maintain, support, market, advertise, distribute or otherwise make available any program, application or service (including, without limitation, any device, technology, product, computer program, mobile device application, website, or mechanical or personal service) that enables or provides access to, use of, operation of or interoperation with Faithhappenings (including, without limitation, to access content, post content, cross-post content, re-post content, respond or reply to content, verify content, transmit content, create accounts, verify accounts, use accounts, circumvent and/or automate technological security measures or restrictions, or flag content) is prohibited. This prohibition specifically applies but is not limited to software, programs, applications and services for use or operation on or by any computer and/or any electronic, wireless and/or mobile device, technology or product that exists now or in the future. If you access Faithhappenings or copy, display, distribute, perform or create derivative works from Faithhappenings webpages or other FH intellectual property in violation of the TOU or for purposes inconsistent with the TOU, your access, copying, display, distribution, performance or derivative work is unauthorized. Circumvention of any technological restriction or security measure on Faithhappenings or any provision of the TOU that restricts content, conduct, accounts or access is expressly prohibited. For purposes of this paragraph, you agree that cached copies of Faithhappenings webpages on your computer or computer server constitute "copies" under the Copyright Act, 17 U.S.C. § 101. For purposes of this paragraph, you further agree that CAPTCHAs and telephone or email verification are "technological measures" that effectively control access to copyright-protected components and rights of FH pursuant to 17 U.S.C. § 1201. Any effort to decompile, disassemble or reverse engineer all or any part of Faithhappenings in order to identify, acquire, copy or emulate any source code or object code is expressly prohibited. Any activities (including but not limited to posting voluminous content) that are inconsistent with use of Faithhappenings in compliance with the TOU or that may impair or interfere with the integrity, functionality, performance, usefulness, usability, signal-to-noise ratio or quality of all or any part of Faithhappenings in any manner are expressly prohibited. Any attempt (whether or not successful) to engage in, or to enable, induce, encourage, cause or assist anyone else to engage in, any of the above unauthorized and prohibited access and activities is also expressly prohibited and is a violation of the TOU.
6. USER COMMUNICATIONS, TRANSACTIONS, INTERACTIONS, DISPUTES AND RELATIONS
FH and FH Representatives are not parties to, have no involvement or interest in, make no representations or warranties as to, and have no responsibility or liability with respect to any communications, transactions, interactions, disputes or any relations whatsoever between you and any other User, person or organization ("your interactions with others"). You must conduct any necessary, appropriate, prudent or judicious investigation, inquiry, research or due diligence with respect to your interactions with others. You agree to indemnify and hold FH and FH Representatives harmless from and against any third-party Claim, cause of action, demand or damages related to or arising out of your interactions with others. This indemnification obligation includes payment of any attorneys' fees and costs incurred by FH or FH Representatives.
FH may charge a fee to post content or for other features, products, services or events. You are responsible to FH for any fees applicable to content that you post or other features, products, services or events you Pay and Post or that are purchased through your account. If you are a vendor wanting to post services, products or events, you authorize FH, or its designated payment processor, to charge your specified credit card, debit card or other payment method for such fees. Unless otherwise specified, all fees are in United States dollars and all charges will be made in United States dollars. Any applicable sales or other taxes are additional to the stated fee. Currency exchange settlements and foreign transaction fees are based on your agreement with your credit card or other payment method provider. Unless your post is taken down by a representative of FH because it does not fit the terms and conditions contained herein or is inconsistent with the Trinitarian beliefs of the primary and core Users of the site, except as required by law, all fees are nonrefundable, including, without limitation, in situations where paid posts are removed by FH or by community flagging. Payments and purchases may not be canceled by the User, except as required by law. However, FH reserves the right to refuse or terminate any purchase or attempted purchase at any time in its sole discretion. You understand and agree that if you authorize a payment transaction with your credit card, debit card or other payment method, but your charge is rejected for any reason, there may be a hold on your use of that transaction amount for several days.
YOUR ACCESS TO, USE OF AND RELIANCE ON FAITHHAPPENINGS AND CONTENT ACCESSED THROUGH FAITHHAPPENINGS IS ENTIRELY AT YOUR OWN RISK. FAITHHAPPENINGS (INCLUDING, WITHOUT LIMITATION, THE WEBSITES, PROGRAMS, SERVICES, FORUMS AND CONTENT ACCESSED THROUGH THE WEBSITES, PROGRAMS, SERVICES AND FORUMS) IS PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES (INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS) ARE EXPRESSLY DISCLAIMED. WITHOUT LIMITING THE FOREGOING, FH ALSO DISCLAIMS ALL WARRANTIES FOR OR WITH RESPECT TO: (a) THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY AND PERFORMANCE OF FAITHHAPPENINGS AND CONTENT ACCESSED THROUGH FAITHHAPPENINGS; (b) COMPUTER WORMS, VIRUSES, SPYWARE, ADWARE AND ANY OTHER MALWARE, MALICIOUS CODE OR HARMFUL CONTENT OR COMPONENTS ACCESSED, RECEIVED OR DISSEMINATED THROUGH, RELATED TO OR AS A RESULT OF FAITHHAPPENINGS OR CONTENT ACCESSED THROUGH FAITHHAPPENINGS; (c) ANY TRANSACTIONS OR POTENTIAL TRANSACTIONS, GOODS OR SERVICES PROMISED OR EXCHANGED, INFORMATION OR ADVICE OFFERED OR EXCHANGED, OR OTHER CONTENT, INTERACTIONS, REPRESENTATIONS OR COMMUNICATIONS THROUGH, RELATED TO OR AS A RESULT OF USE OF FAITHHAPPENINGS OR CONTENT ACCESSED THROUGH FAITHHAPPENINGS (INCLUDING, WITHOUT LIMITATION, ACCESSED THROUGH ANY LINKS ON FAITHHAPPENINGS OR IN CONTENT). THESE DISCLAIMERS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. Some jurisdictions do not allow disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers as to implied warranties may not apply.
9. LIMITATIONS OF LIABILITY
FH AND THE FH REPRESENTATIVES SHALL UNDER NO CIRCUMSTANCES BE LIABLE FOR ANY ACCESS TO, USE OF OR RELIANCE ON FAITHHAPPENINGS OR CONTENT ACCESSED THROUGH FAITHHAPPENINGS BY YOU OR ANYONE ELSE, OR FOR ANY TRANSACTIONS, COMMUNICATIONS, INTERACTIONS, DISPUTES OR RELATIONS BETWEEN YOU AND ANY OTHER PERSON OR ORGANIZATION ARISING OUT OF OR RELATED TO FAITHHAPPENINGS OR CONTENT ACCESSED THROUGH FAITHHAPPENINGS, INCLUDING BUT NOT LIMITED TO LIABILITY FOR INJUNCTIVE RELIEF AS WELL AS FOR ANY HARM, INJURY, LOSS OR DAMAGES OF ANY KIND INCURRED BY YOU OR ANYONE ELSE (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, STATUTORY, EXEMPLARY OR PUNITIVE DAMAGES, EVEN IF FH OR ANY FH REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). THIS LIMITATION OF LIABILITY APPLIES REGARDLESS OF, BUT IS NOT RESTRICTED TO, WHETHER THE ALLEGED LIABILITY, HARM, INJURY, LOSS OR DAMAGES AROSE FROM AUTHORIZED OR UNAUTHORIZED ACCESS TO OR USE OF FAITHHAPPENINGS OR CONTENT ACCESSED THROUGH FAITHHAPPENINGS; ANY INABILITY TO ACCESS OR USE FAITHHAPPENINGS OR CONTENT ACCESSED THROUGH FAITHHAPPENINGS; OR ANY REMOVAL, DELETION, LIMITATION, MODIFICATION, INTERRUPTION, SUSPENSION, DISCONTINUANCE OR TERMINATION OF FAITHHAPPENINGS OR CONTENT ACCESSED THROUGH FAITHHAPPENINGS. THESE LIMITATIONS SHALL ALSO APPLY WITH RESPECT TO DAMAGES RESULTING FROM ANY TRANSACTIONS OR POTENTIAL TRANSACTIONS, GOODS OR SERVICES PROMISED OR EXCHANGED, INFORMATION OR ADVICE OFFERED OR EXCHANGED, OR OTHER CONTENT, INTERACTIONS, REPRESENTATIONS, COMMUNICATIONS OR RELATIONS THROUGH, RELATED TO OR AS A RESULT OF FAITHHAPPENINGS OR CONTENT ACCESSED THROUGH FAITHHAPPENINGS (INCLUDING, WITHOUT LIMITATION, ANY LINKS ON FAITHHAPPENINGS AND LINKS IN CONTENT ACCESSED THROUGH FAITHHAPPENINGS). You hereby release FH and each of the FH Representatives, and their respective subsidiaries, affiliates, successors, predecessors, assigns, heirs, service providers and suppliers, from all Claims, demands and damages of every kind and nature, known and unknown, direct and indirect, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to Faithhappenings or content accessed through Faithhappenings, or any interactions with others arising out of or related to Faithhappenings or content accessed through Faithhappenings, and you expressly waive the provisions of California Civil Code Section 1542 and any similar laws in other jurisdictions. By agreeing to the TOU you have acknowledged that you have read and understand them, the User therefore waives the provisions of California Civil Code Section 1542, which provides: "A general release does not extend to Claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor." THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
10. NOTIFICATION OF CLAIMS OF INFRINGEMENT
If you believe that your work has been copied in a way that constitutes copyright infringement or that your intellectual property rights (including trademark rights) have been violated, please report your notice of infringement to FH via email at firstname.lastname@example.org.
11. INJUNCTIVE RELIEF
You acknowledge and agree that any violation or breach of the TOU may cause FH immediate and irreparable harm and damages; consequently, notwithstanding any other provision of the TOU or other applicable legal requirements, FH has the right to, and may in its discretion, immediately obtain preliminary injunctive relief (including, without limitation, temporary restraining orders) and seek permanent injunctive relief regarding any violation or breach of the TOU. In addition to any and all other remedies available to FH in law or in equity, FH may seek specific performance of any term in the TOU, including but not limited to by preliminary or permanent injunction. In the event that FH is required to seek injunctive relief to protect itself or it’s Users from any violation or breach of the TOU, you acknowledge and agree that FH shall not be required to post any bond or surety in order to obtain the injunctive relief. Bond or surety are hereby waived.
In addition to any injunctive relief, you agree to pay to FH the total amount of all actual damages (including but not limited to direct, indirect, consequential and incidental damages) caused by any violation of the TOU for which you bear responsibility. FH shall not be liable for indirect, incidental, special, consequential, or exemplary damages arising out of, or relating tour Services or the TOU. Your sole remedy for dissatisfaction with FH or the FH content is to stop using our services. Notwithstanding anything to the contrary contained herein, FH’s cumulative liability to any User shall not exceed the greater of the fees paid by the User for the last twelve months or $100.00.
These TOU constitute the entire agreement between you and FH and supersede any prior written or oral agreement. Other than the FH Representatives (who are expressly included as named third-party beneficiaries of the TOU), there are no third-party beneficiaries to the TOU. Any and all Claims, causes of action or disputes (regardless of theory) between you and FH arising out of or related to the TOU, Faithhappenings or content accessed through Faithhappenings shall be governed by the laws of the State of Colorado without regard to conflict or choice of law principles. You and FH agree that any such Claims, causes of action or disputes shall be brought exclusively in courts located within the county of Denver, Colorado, and you and FH agree to submit to the personal and exclusive jurisdiction of such courts. You further agree that, regardless of any statute or law to the contrary, you must file any such Claim or cause of action within one year after such Claim or cause of action arose or be forever barred. If any provision of the TOU is found by a court of competent jurisdiction to be unenforceable, all other provisions of the TOU shall remain in full force and effect.