The Swedenborg Digital Library. Books about the Second Coming of Jesus Christ

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

The Swedenborg Project ©2005

 

The Swedenborg Project Terms Of Service Agreement


PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THIS WEBSITE

This TSP Terms of Service Agreement (“TOS”) governs your access to and use of the content and services on The Swedenborg Project websites, www.swedenborgproject.org  and www.swedenborgdigitallibrary.org (collectively, the "Sites") provided by The Swedenborg Project (hereinafter referred to as "TSP" or "us" or "we"). TSP agrees to provide you with access to the Sites subject to your compliance with the terms and conditions set forth in this TOS.

1. Acknowledgement and Agreement
Please read the following terms and conditions of the TOS carefully. YOU ACKNOWLEDGE AND AGREE THAT BY USING AND/OR REGISTERING TO USE THESE SITES YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THE TOS. IF YOU DO NOT AGREE TO THE TOS, PLEASE EXIT AND DO NOT USE THE SITE. BY USING THE SITE, YOU ARE INDICATING THAT YOU ARE AT LEAST 13 YEARS OLD. IF YOU ARE NOT 13 YEARS OLD, PLEASE EXIT AND DO NOT USE THE SITE.

TSP reserves the right to modify, delete or amend the TOS from time to time at its own discretion, including without limitation, to change the terms and conditions of this TOS; to change the content and services available on the Sites, including eliminating or discontinuing any feature of these Sites; to institute, discontinue or change any fees or charges associated with these Sites, including without limitation those related to the services, content or products offered for sale or otherwise available on these Sites. Any changes we make will be effective immediately upon notice, which we may provide by posting on these Sites or via electronic mail. Any and all use of these Sites after the notice is posted shall be deemed to be acceptance of the modification, deletion or amendment (as well as all other terms and conditions) to the TOS. Please check the TOS at http://www.swedenborgdigitallibrary.org/TOS.html frequently to ensure your awareness of current terms and conditions.

3. Content and Services
TSP Blog. TSP hosts a blog (“TSP Blog”) on the Sites. By participating in the TSP Blog you agree to abide by the Rules of Conduct that are set forth at http://www.swedenborgdigitallibrary.org/rules.html. If you fail to comply with the Rules of Conduct or Terms of Service, TSP may, in its sole discretion, bar you from further participation in TSP Blog or terminate or restrict your continued access to these Sites.

Monitoring. You acknowledge and agree that TSP has the right but not the obligation to monitor the TSP Blog or other materials that you or third parties transmit or post on or to these Sites. TSP may in its sole discretion alter or remove any such materials (including, without limitation, any posting to the TSP Blog); and to disclose such materials and the circumstances surrounding their transmission to any third party in order to operate these Sites properly; to protect TSP, its sponsors, you and visitors; and to comply with legal obligations or governmental requests. Notwithstanding the foregoing, TSP neither endorses nor is responsible for any opinion, advice, information or statement made or displayed in the TSP Blog, nor are we responsible for any errors or omissions in such postings, or for hyperlinks embedded in messages. Under no circumstances will we be liable for any loss or damage caused by your reliance on information obtained in the TSP Blog. The opinions expressed in these forums are solely the opinions of the participants, and do not necessarily reflect the opinions of TSP.

Content. Throughout these Sites, there may be links to third party websites or content provided by third parties. You agree that TSP neither controls nor endorses such third party websites or content nor have we reviewed or approved any content that appears on such third party websites. You acknowledge and agree that TSP is not responsible for the legality, accuracy or inappropriate nature of any content, advertising, products or other materials on or available from such third party websites. You further acknowledge and agree that TSP shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, and services available on or through any third party websites.

Products. Products may be offered for sale on these Sites. To purchase products, you may be asked by TSP or the applicable third party to supply certain information, including, but not limited to, credit card or other payment information. You agree to provide TSP or such third party with information that is accurate, complete and current, and to comply with the terms and conditions of any agreement that you enter in connection with your purchase of any product or service. You are responsible for all charges incurred by users of your account, credit card or other payment mechanism, as well as for paying any applicable taxes. We reserve the right, without prior notification, to change product offerings (including without limitation any prices or available quantities), or to limit the order quantity on any product and/or refuse service to you.

4. Member Information
You may need to register as a Member to access portions of the Sites. Upon registration, you agree to (a) provide true, accurate, complete, and current information (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data by emailing us at info@swedenborgproject.org to keep it true, accurate, current, and complete. You acknowledge and agree that, if any information provided by you is untrue, inaccurate, not current or incomplete, we reserve the right to terminate this TOS and your use of the Sites.

As part of the registration process, you will be asked to select a username and password. We may refuse to grant you or terminate use of a username, password and/or domain name that impersonates someone else, is or may be illegal, is or may be protected by trademark or other proprietary rights law, is already in current use, is vulgar or otherwise offensive, may cause confusion, or for any other reason as determined by us in our sole discretion. You are responsible for ensuring the confidentiality of your username and password, and you agree not to transfer or resell your use of or access to the Sites to any third party. If you have reason to believe that your account is no longer secure, you must promptly change your password by immediately emailing us at info@swedenborgproject.org. YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USERNAME AND PASSWORD AND FOR ANY AND ALL ACTIVITIES, WHETHER BY YOU OR ANYONE ELSE (INCLUDING WITHOUT LIMITATION PURCHASES) THAT ARE CONDUCTED THROUGH YOUR ACCOUNT.

5. Termination
The TOS shall remain effective until terminated in accordance with its own terms. You agree that TSP, in its sole discretion, may terminate your password or use of these Sites, and remove and discard any content within these Sites, at any time and for any reason. You agree that any actions taken under this Section may be effective without prior notice to you.

6. Indemnification
You agree to indemnify, defend, and hold TSP and its subsidiaries, affiliates, officers, directors, agents, co-branders or other partners, employees, and representatives harmless from and against any and all claims, damages, losses, costs or expenses (including reasonable attorneys' fees) that arise directly or indirectly out of or from (a) your breach of these TOS, including any violation of the Rules of Conduct set forth at http://www.swedenborgdigitallibrary.org/rules, (b) any allegation that any materials that you submit to TSP infringe or otherwise violate the copyright, trade secret, trademark or other intellectual property rights of a third party, and (c) your activities in connection with the Sites.

7. Proprietary Rights
You acknowledge and agree that the Sites contains proprietary and confidential information that is protected by applicable intellectual property and other laws, and are the sole property of TSP or TSP's licensors. You further acknowledge and agree that content contained in advertisements is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.

By sending, transmitting or posting creative suggestions, ideas, notes, concepts, writings, messages, opinions, information, or other materials (collectively, "Materials"), to any area of these Sites, you hereby grant us and our designees a worldwide, non-exclusive, sublicensable (through multiple tiers), assignable, royalty-free, perpetual, irrevocable right to use, reproduce, distribute (through multiple tiers), create derivative works of, publicly perform, publicly display, digitally perform, make, have made, sell, offer for sale and import such Materials in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Materials. The foregoing license to TSP shall be fully paid-up and royalty free. You also grant us the right but not the obligation to use your name and identity in connection with such Materials including in any advertising and promotion of TSP. In no event, however, shall TSP have any obligation to pay a fee to you in connection with any transfer of TSP's business, including without limitation any merger or sale or transfer of all or substantially all of the assets of TSP, nor shall the sale of advertising on any TSP site, including the Sites, give rise to any obligation to pay a you.

None of the Materials disclosed on the TSP Blog shall be subject to any obligation, whether of confidentiality, attribution, or otherwise, on our part and we shall not be liable for any use or disclosure of any Materials.

8. TSP Privacy Policy
Our policy with respect to the collection and use of personal information is set forth at http://www.swedenborgdigitallibrary.org/privacy. By using these Sites you acknowledge and accept the TSP Privacy Policy.

9. Copyright Policy
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under the U.S. copyright law. If you believe in good faith that materials hosted by TSP infringe your copyright, you, or your agent may send TSP notice requesting that the material be removed or access to it be blocked. Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon TSP actual knowledge of facts or circumstances from which infringing material or acts are evident. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send TSP a counter-notice. All notices and counter notices must meet the then current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details. Complaints can be sent to our attention at info@swedenborgproject.org. We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.

10. Disclaimer of Warranties
THESE SITES, ANY CONTENT, ALL TOOLS, PRODUCTS OR SERVICES DITSPLAYED ON, OR ACCESSED OR OBTAINED ON OR THROUGH THESE SITES ARE PROVIDED "AS IS", "AS AVAILABLE", AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, TSP AND ITS AFFILIATES, SUPPLIERS, AND AGENTS DO NOT WARRANT THAT YOUR USE OF THESE SITES AND ACCESS TO THE TSP BLOG WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, THAT ANY INFORMATION OBTAINED THEREIN IS ACCURATE, RELIABLE OR COMPLETE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY SOFTWARE, THESE SITES OR THE SERVER(S) ON WHICH THE SITE ARE HOSTED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THESE SITES AND ANY INFORMATION OR MATERIALS PROVIDED ON OR THROUGH THESE SITES ARE ENTIRELY AT YOUR OWN RISK.

11. Limitation of Liability

NEITHER TSP NOR ITS AGENTS OR SPONSORS ARE RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO (I) THE USE OF OR INABILITY TO USE THESE SITES OR ANY WEB SERVICE INCLUDING TOOLS; (II) ANY CONTENT CONTAINED ON THESE SITES; (III) STATEMENTS OR CONDUCT ON THE SITE; (IV) ANY PRODUCT OR SERVICE PURCHASED OR OBTAINED THROUGH THE SITE; (V) ANY ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF ANY INFORMATION AVAILABLE ON THE; (VI) ANY DAMAGE CAUSED BY LOSS OF ACCESS TO, DELETION OF, FAILURE TO STORE, FAILURE TO BACK UP, OR ALTERATION OF ANY CONTENT OR, (VII) ANY OTHER MATTER RELATING TO THESE SITES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THESE SITES IS TO STOP USING THESE SITES.

12. General Information
The TOS constitutes the entire agreement between you and TSP and governs your use of these Sites, its content and services, superseding any prior agreements between you and TSP. The TOS and the relationship between you and TSP shall be governed by and construed in accordance with the laws of the State of Maryland without regard to its conflict of law provisions. You and TSP agree to submit to the personal and exclusive jurisdiction of the federal and state courts located within the State of Maryland in the United States of America and waive any jurisdictional, venue, or inconvenient forum objections to such courts. The failure of TSP to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this TOS and shall not affect the validity and enforceability of any remaining provisions. The section titles in the TOS are for convenience only and have no legal or contractual effect. This TOS is not assignable, transferable or sublicensable by you except with our prior written consent. No waiver by either party of any breach or default hereunder shall be deemed a waiver of any preceding or subsequent breach of default.

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