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TERMS OF USE
These Terms of Use were last updated on November 1, 2004.
PLEASE READ THESE TERMS CAREFULLY
By using the Joseph Sittler Archives Web site (Web Site) at
josephsittler.org or www.josephsittler.org or by otherwise accessing any
content found on this Web Site, you are deemed to have entered into an
agreement with the Joseph Sittler Archives Committee (JSAC) and to have
agreed to be bound by the terms set out below. If you violate any of the
Terms your permission to use this Web Site automatically terminates. The
Web Site is owned and operated by the JSAC.
Definitions
Changes to these Terms
Use of JSAC content and intellectual property
protection
User postings
Use policies
Linking to the Web Site
Links to third-party sites
Submissions
Claims of copyright infringement
Indemnification
Disclaimer of Warranties
Limitation of Liability
Privacy Notice
Miscellaneous
1. Definitions. As used in these Terms:
"Web Site" means the josephsittler.org Web site.
"We," "Our," "Us" and "JSAC" refer to the Joseph Sittler Archives
Committee.
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2. Changes to these Terms. WE MAY AMEND THESE TERMS AT ANY TIME
WITHOUT PRIOR NOTICE BY POSTING THE AMENDED TERMS ON THE WEB SITE. USE
OF THE Web SITE FOLLOWING ANY SUCH CHANGE CONSTITUTES YOUR AGREEMENT TO
FOLLOW AND BE BOUND BY THE TERMS AS CHANGED. For this reason, you should
review these Terms whenever you use the Web Site. If you do not agree to
be bound by changes to the Terms, you should not use the Web Site any
further after the changes in question are published. These Terms were
last revised on November 21, 2003.
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3. Use of JSAC content and intellectual property
protection.
3.1. Material on the Web Site, including but not limited to text,
software, code, graphics, images, data, audio and video (collectively,
the "Materials"), is owned by the JSAC or third-party licensors. The
JSAC and/or third-party licensors retain all proprietary rights to the
Materials, including all intellectual property rights associated
therewith (e.g., copyrights, patents, trademarks, trade secrets and
know-how). Unless otherwise indicated on the Web Site, except for
downloading one copy of the Materials for your personal, noncommercial
use and/or printing copies of the Materials for such use, you may not
sell, modify, reproduce, display, publicly perform, prepare derivative
works based upon, distribute or otherwise use the Materials in any way
without first obtaining the written permission of the JSAC. Requests for
permission for uses not authorized by these Terms may be sent to:
The Joseph Sittler Archives Committee
Lutheran School of Theology at Chicago
1100 East 55th Street Chicago, Illinois 60615
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3.2. You must retain
all copyright, trademark and other proprietary notices contained in the
original Materials on any copy you make of the Materials. You may not
frame or utilize framing techniques to enclose all or any portion of the
Web Site. You may not use any meta tags or any other similar hidden text
utilizing the JSAC's name or trademarks.
3.3. If you violate
any of this Section 3, your permission to use the Materials and the Web
Site automatically terminates.
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4. User Postings.
4.4. As a user of the Web Site, you are responsible for your own
communications and are responsible for the consequences of any of your
postings in the public areas of the Web Site. By submitting any material
for posting on the Web Site, you automatically grant (or, if you are not
the owner, you warrant that the owner of such material has expressly
granted) the JSAC a royalty-free, perpetual, irrevocable, nonexclusive
and fully sublicensable right to use, reproduce, modify, adapt, publish,
translate, create derivative works from, distribute, perform, display
and otherwise use and exploit such material (in whole or in part)
worldwide and/or to incorporate it in other work in any form, media or
technology now known or later developed.
4.5. We do not
represent or guarantee the accuracy, completeness or reliability of any
material posted by users of the Web Site nor do we endorse any opinions
expressed by any users. You may rely on material posted by other users
only at your own risk. We are not obligated to screen or monitor
materials posted on this Web site and you may not assume that posted
materials are reviewed.
4.6. We may for any
reason edit, refuse to post or remove without notice any materials
posted by users. However, we have no obligation to edit, refuse to post
or remove any material, including material that you may find
objectionable or offensive or that violates these Terms. If you become
aware of any material that violates these Terms, you may contact us at
the address listed above (3.1). However, we do not guarantee that any
action will be taken as a result of your contact. We reserve the right
to expel any user and to prevent further access to the Web Site for any
reason, including violation of these Terms or applicable law, or for no
reason at all. However, we have no obligation to expel any user or to
prevent further access to the Web Site.
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5. Use Policies. You may not do any of the
following while using the Web Site:
interfere with or disrupt networks connected to the Web Site or violate
the regulations, policies or procedures of such networks;
attempt to gain unauthorized access to the Web Site, computer systems or
networks connected to the Web Site, through password mining or any other
means;
interfere with another user's use and enjoyment of the Web Site;
upload any message, information, data, text, software, graphic files or
other materials ("Content") that is unlawful, harmful, threatening,
abusive, harassing, tortious, defamatory, vulgar, obscene, libelous,
that may be invasive of another's privacy, hateful, racially, ethnically
or otherwise objectionable;
upload Content that contains a virus, corrupted file, or other harmful
component;
impersonate any person or entity, including, but not limited to, JSAC
personnel, or falsely state or otherwise misrepresent any affiliation
with any person or entity, or upload any Content under a fictitious
name;
upload any Content that you do not have a right to upload under law or
under contractual or fiduciary relationships (including but not limited
to nondisclosure agreements);
upload any information or grant permissions to view information to any
person in a manner that exceeds your contractual or other legal
authority;
upload any unsolicited advertising, promotional materials, junk mail,
spam, chain letters, pyramid schemes, contests, surveys, or any other
form of solicitation (commercial or non-commercial);
intentionally or unintentionally violate or encourage or assist another
to violate any law or regulation in connection with your use or
another's use of the Web Site; or
upload any Content that violates or infringes any patent, trademark,
trade secret, copyright or any right, of whatever nature, of anyone.
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6. Linking to the Web Site.
You may provide a link on your site to the Web Site subject to the
following requirements:
You may not frame or alter the appearance or visual presentation of the
Web Site.
You may not state or imply that we endorse, sponsor or otherwise approve
your site or any other sites, unless it is true and accurate. Links to
the Web Site may not be used in a way that implies or suggests that we
approve or endorse you, your Web site or your goods and services, unless
it is true and accurate.
Links may be text-based using the words: "The Joseph Sittler Archives
Committee" or "josephsittler.org."
You may only link to the home page of the Web Site, unless you receive
written permission from the JSAC. Requests for permission to link to
other parts of the Web Site may be sent to the address slited above
(3.1).
We will have no responsibility or liability for any content appearing on
your Web site. You agree to defend, indemnify and hold harmless the JSAC
and its affiliates and their officers, directors, employees and agents,
from and against any and all third-party claims, liability, actions,
demands, costs or expenses (including, but not limited to, reasonable
legal and accounting fees) arising from or relating to your Web site. We
reserve the right to defend any such claim, and you agree to provide us
with such reasonable cooperation as we may request.
We reserve the right at any time and in our sole discretion to request
that you remove all links or any particular link to the Web Site from
your site.
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7. Links to Third-Party Sites.
The Web Site contains links to third-party Web sites. These links are
provided solely for your convenience. They are not an endorsement by us
of the contents of such third-party Web sites. We are not responsible
for the content or practices of linked third-party sites. We do not make
any representations or warranties about the content or accuracy of
materials on such third-party Web sites or the practices of such sites.
If you decide to access linked third-party Web sites, you do so at your
own risk. You are encouraged to review the terms of use, privacy policy,
and other policies of any linked site, as the policies of the linked
site may differ from those of this Web Site.
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8. Submissions. We welcome comments
regarding our service. However, any comments, feedback, notes, messages,
ideas, suggestions or other communications (collectively, "Comments")
submitted to us will be our exclusive property. Submission of any such
Comments constitutes an assignment to the JSAC of all worldwide right,
title and interest in all copyrights and other intellectual property
rights in the Comments, and you represent and warrant that you have the
right to make such an assignment and that such Comments do not violate
or infringe any rights of anyone. The JSAC will be entitled to use,
reproduce, disclose, publish and distribute any Comments for any purpose
whatsoever, without restriction and without compensating you in any way.
For this reason, we ask that you do not send us any Comments that you do
not desire to assign to the JSAC, including any confidential information
or any original creative materials such as stories, product ideas,
computer code or original artwork.
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9. Claims of Copyright Infringement.
If you believe that your work has been copied in a way that constitutes
copyright infringement, please contact the JSAC at the address listed
above (3.1).
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10. Indemnification. You agree to
defend, indemnify and hold harmless the JSAC and its affiliates and
their officers, directors, employees and agents, from and against any
and all third-party claims, liability, actions, demands, costs or
expenses (including, but not limited to, reasonable legal and accounting
fees) arising from or relating to your use of the Web Site or the
Materials, material that you post to the Web Site or otherwise provide
to the JSAC, or your breach or violation of these Terms. The JSAC
reserves the right to defend any such claim, and you agree to provide
the JSAC with such reasonable cooperation as it may request.
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11. Disclaimer of Warranties.
11.1. THE WEB SITE, THE MATERIALS ARE PROVIDED ON AN AS-IS, AS-AVAILABLE
BASIS WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO
THE FULLEST EXTENT PERMITTED BY LAW, THE ELCA, ITS AFFILIATES AND ITS
SUPPLIERS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OR
FITNESS FOR A PARTICULAR PURPOSE.
11.2. You understand
and agree that: (a) we are not responsible for the timeliness,
misdelivery, deletion or failure to store any information uploaded (or
attempted to be uploaded) by you or any other user; (b) we make no
warranty as to the accuracy or completeness of the information and
services provided or obtained through the Web Site or the results of
your use of the Web Site; (c) it is your responsibility to evaluate the
accuracy, completeness and usefulness of all information obtained or
provided through the Web Site; (d) we may, in our sole discretion,
modify, add or discontinue any aspect, content or feature of the Web
Site; and (e) the information on the Web Site may contain typographical
errors or inaccuracies and may not be complete or current and,
therefore, we reserve the right to correct any errors, inaccuracies or
omissions and to change or update information at any time without prior
notice.
11.3. You understand
and agree that use of the Web Site and the Materials is at your sole
risk, that any materials downloaded or otherwise obtained through the
use of the Web Site is at your own discretion and risk and that you will
be solely responsible for any damage to your computer system or loss of
data that results from the download of such materials. We make no
warranty or representation as to the security of any information you
transmit to us.
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12. Limitation of Liability. IN NO EVENT
SHALL THE JSAC, ITS AFFILIATES OR ITS SUPPLIERS BE LIABLE FOR ANY
DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT,
INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, OR ANY DAMAGES
FOR LOSS OF PROFITS, USE, DATA, GOODWILL OR OTHER INTANGIBLES) ARISING
FROM OR IN ANY WAY CONNECTED WITH THESE TERMS, THE USE OF (OR THE
INABILITY TO USE) THE WEB SITE OR THE MATERIALS, THE LICENSED MARKS, OR
ANY INFORMATION, GOODS OR SERVICES OBTAINED ON OR FROM THE WEB SITE,
WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING, BUT NOT LIMITED
TO, NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE ELCA
IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
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13. Privacy Notice. Be sure to check our
Privacy Policy to understand our practices. The Privacy Policy is
subject to these Terms and is incorporated by reference herein.
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14. Miscellaneous.
14.1. The Web Site is based in the United States. Access to the
Materials may not be legal by certain persons or in certain countries.
If you access the Web Site from outside the United States, you do so at
your own risk and are responsible for compliance with the laws of your
jurisdiction.
14.2. These Terms will
be governed by the internal laws of the State of Illinois, without
regard to its choice of law provisions. You agree that any action
arising out of or relating to these Terms may be brought only in a court
of competent jurisdiction in Cook County, Illinois, and you hereby
consent to the jurisdiction, venue and convenience of such courts.
14.3. Headings in
these Terms are for convenience only and shall not be used to interpret
or construe its provisions.
14.4. If any provision
of these Terms is found to be invalid, void or unenforceable by any
court having competent jurisdiction, the remainder of these Terms shall
remain in full force and effect.
14.5. Any waiver of
any provision of these Terms will be effective only if it is in writing
signed by the JSAC. No waiver of any term of these Terms shall be deemed
a further or continuing waiver of such term or any other term.
14.6. Notices to the
JSAC, other than as provided herein, can be sent to:
The Joseph Sittler Archives Committee
Lutheran School of Theology at Chicago
1100 East 55th Street Chicago, Illinois 60615
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