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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