Terms of Use
Effective as of May 1st, 2008
Welcome to GodTalkNow.com a faith based online issue and information site
for spiritual, political and cultural dialogue and video networking that
connects faithful voices to discuss critical issues and videos for a powerful
input and impact. GodTalkNow.com allows users to comment on news and articles
and view and comment on posted video clips. Registered users can take advantage of many other features
offered on GodTalkNow.com, including the ability to write articles, comment on articles
and create unique video personal profiles online. GodTalkNow.com is owned and
operated by E. A. Raine Publishing.
By accessing and/or using the GodTalkNow.com web site and the content,
features, applications, and services offered in connection with GodTalkNow.com
(collectively, the "Site") you agree to be bound by these Terms of
Use and the terms and conditions of the GodTalkNow.com Privacy Notice and incorporated into
these Terms of Use (collectively, this "Agreement"). As a user of the
Site, you represent and warrant that you have the right, capacity and authority
to enter into this Agreement and will abide by its terms and conditions. If you
do not agree with the terms and conditions of this Agreement, then you should
not access or use the Site.
This Agreement applies to all users of the Site, including individuals and
institutions who register with the Site ("Registered Individual
Users") and Christian ministries that register with the Site
("Registered Ministry Users"). The term "user" refers to
Registered Individual Users, Registered Ministry Users, Registered Educational
Institution Users, and anyone else who accesses or uses the Site. GodTalkNow.com
may modify this Agreement from time to time without notice, and such
modification shall be effective upon posting to the Site. You agree to be bound
by any modifications to this Agreement when you access or use the Site after
any such modification is posted to the Site. It is therefore important that you
review this Agreement regularly.
Registered Users:
In order to register with the Site as a Registered Individual User or a
Registered Ministry User, or an Educational Institution User, you must be at
least fourteen years old. Users younger than fourteen are not allowed to
view the site except under the supervision of a parent or guardian. Your
eligibility to register is automatically void where prohibited by law. You
affirm that all information you provide in registering with the Site is true
and complete. Commercial businesses may not register with the Site unless they
are pre-approved by GodTalkNow.com. GodTalkNow.com reserves the right to charge
for your registration and for your access to certain content or services on the
Site, as may be specified from time-to-time on the Site. In addition, in order
to be eligible to register as a Registered Ministry User, you must be the
authorized representative of a Christian ministry actively carrying out its
mission with a minimum of twenty-five (25) parishioners. Your registration will
take effect upon acceptance of your registration form by GodTalkNow.com. Educational
Institutions must be accredited by their respective states to post video. Other terms and conditions may apply to
your registration as posted from time-to-time on the Site. You may terminate
your registration at any time, for any reason by following the instructions on
the Manage Your Account within the sub directory "User Registration -
Close Account". GodTalkNow.com reserves the right to reject and to
terminate your registration and use of our Site at any time, for any reason
without notice to you. If GodTalkNow.com terminates your registration or locks
out your use because GodTalkNow.com has determined that you have breached this
Agreement, you will not be entitled to any refund of your unused registration
or premium services fees, if any.
Rights to Content:
Users retain any rights they have in photos, videos, audio files, text and
other materials they submit to the Site or transmit to other users through the
Site ("User Submissions"). GodTalkNow.com retains full ownership or
license rights to all other software, content and materials contained within
the Site, including without limitation, graphics, text, scripts, photos, sounds,
videos, articles, and music ("Content") and to all patents,
copyrights, trademarks, service marks and other proprietary rights in and to
the Site and the Content. Content and User Submissions are provided for your
personal, non-commercial use only as permitted by the Site and may not be
accessed, used, modified, performed, displayed, reproduced, copied, published,
transmitted, distributed, sold, transferred, licensed or exploited for any
other purpose without the prior written consent of the respective owners. If
you download, transmit, print or copy Content or User Submissions, you must
retain all copyright and proprietary notices contained therein. You agree not
to circumvent, disable or interfere with the security and use restriction
features of the Site.
User Submissions:
By submitting your User Submissions to the Site, you hereby grant to GodTalkNow.com
a non-exclusive, royalty-free, sub-licenseable, transferable and worldwide
license to access, use, modify, perform, display, reproduce, copy, prepare derivative
works of, transmit, publish and distribute your User Submissions, and all
patents, copyrights, trademarks and other proprietary rights therein, in
connection with the Site and the business of GodTalkNow.com and E.A. Raine
Publishing, including without limitation for promoting, transmitting and
distributing the Site, or any part or derivative thereof, in and through any
media and channels. You also hereby grant to each user of the Site a
non-exclusive, royalty-free, worldwide license to access, use, modify, perform,
display, reproduce, copy, prepare derivative works of, transmit, publish and
distribute your User Submissions for their personal, non-commercial use as
permitted through the services and functionality of the Site. You are solely
responsible for your own User Submissions and the consequences of your User
Submissions being posted on and distributed through the Site.
You represent and warrant that: (a) you have all rights in and to your User
Submissions (whether through ownership or licenses, consents, and permissions
from the owner) required for (i) you to lawfully submit your User Submissions
to the Site and grant the rights to your User Submissions provided in this
Agreement, and (ii) your User Submissions to be posted and transmitted to and
through the Site for the purposes contemplated by the Site and this Agreement;
(b) you have all required licenses, consents, releases and/or permissions to
use the name and/or likeness of each identifiable individual person in your
User Submissions in the manner contemplated by the Site and this Agreement, and
(c) the posting and transmission of your User Submissions on and through the
Site for the purposes contemplated by the Site and this Agreement does not
violate the privacy rights, publicity rights, copyrights, patents, trademarks,
contract rights or any other rights of any person or entity.
Copyright Policy:
GodTalkNow.com prohibits the submission of any copyrighted material without
the user first obtaining the prior written consent of the copyright owner. If
you are a copyright owner or an agent thereof and believe any User Submission
or other content infringes upon your copyrights, you may submit a notification
pursuant to the Digital Millennium Copyright Act by providing our Copyright
Agent with the following information in writing (see 17 U.S.C. 512(c)(3) for
further details):
(a) A physical or electronic signature of a person authorized to act on
behalf of the owner of an exclusive right that is allegedly infringed;
(b) Identification of the copyrighted work claimed to have been infringed,
or, if multiple copyrighted works at a single online site are covered by a
single notification, a representative list of such works at that site;
(c) Identification of the material that is claimed to be infringing or to be
the subject of infringing activity and that is to be removed or access to which
is to be disabled and information reasonably sufficient to permit the service
provider to locate the material;
(d) Information reasonably sufficient to permit the service provider to
contact you, such as an address, telephone number, and, if available, an
electronic mail;
(e) A statement that you have a good faith belief that use of the material
in the manner complained of is not authorized by the copyright owner, its
agent, or the law; and
(f) A statement that the information in the notification is accurate, and
under penalty of perjury, that you are authorized to act on behalf of the owner
of an exclusive right that is allegedly infringed.
GodTalkNow.com's designated Copyright Agent to receive notifications of
claimed infringement is:
Prohibited Content:
You agree not to submit or post any User Submission to the Site, or transmit
any User Submission through the Site, that (a) constitute blasphemy to Jesus
Christ and His teachings, or is otherwise offensive to our online Christian and
broader religious community, (b)
violates any patents, copyrights, trademarks or other intellectual property
rights, (c) is illegal, obscene, pornographic, defamatory, or libelous, (d) is
abusive, hateful, harassing, or threatening, (e) promotes bigotry, racism, or
hatred against any group, religion or individual, (f) is false, misleading or
constitutes a misrepresentation, (g) encourages conduct that could be illegal
or give rise to civil liability or is otherwise inappropriate, or (h) promotes
the exploitation of, or solicits information from, any person under the age of
eighteen. You understand and agree that GodTalkNow.com reserves the right to
review, edit, block, and delete any of your User Submissions for any reason at
any time without notice, including without limitation, if GodTalkNow.com
determines in its sole discretion that a User Submission is prohibited as
provided above or otherwise violates this Agreement.
Use of Web Site; Non-Commercial Use:
The GodTalkNow.com Web Site is meant for dialogue, education, ministry and
personal use only and may not be used in connection with any commercial
activities or endeavors or the sale of any services or products without our
express prior written approval.
You agree not to: (a) initiate or operate any sweepstakes, contests,
advertising barter or pyramid schemes on or through the Site; (b) solicit
personal identifying information for commercial or unlawful purposes from other
users; (c) transmit any form of chain letters or junk email to other users; (d)
use any information obtained from or through the Site (i) to abuse, harass, or
harm another person, (ii) for any illegal activity, or (iii) without our prior
written approval, to advertise to, contact for commercial purposes, solicit, or
sell to any other user; (e) use the Site for, or conduct on or through the
Site, any illegal and/or unauthorized activities; or (f) establish any
unauthorized framing of or linking to the Site.
GodTalkNow.com reserves the right to restrict the number of emails which a
user may send to other users in any twenty four (24) hour period to a number
which GodTalkNow.com deems appropriate in its sole discretion. If you send
unsolicited bulk email, instant messages or other unsolicited communications of
any kind through the Site you acknowledge that you will have caused substantial
harm to GodTalkNow.com that will be difficult, if not impossible, to ascertain.
As liquidated damages for such harm, you agree to pay GodTalkNow.com
twenty-five dollars ($50.00) for each such unsolicited email or other
unsolicited communication you sent through the Site. Such liquidated damages
shall be in addition to any and all other rights, remedies and damages to which
GodTalkNow.com and E.A. Raine Publishing, may be entitled to under this
Agreement, at law or in equity.
While GodTalkNow.com assumes no responsibility for monitoring the Site, it
will, when it deems it appropriate, investigate activity in connection with the
Site that GodTalkNow.com believes may be illegal, unauthorized or a breach of
the terms of this Agreement. If deemed appropriate by GodTalkNow.com, it will
initiate appropriate legal action with respect to such activities, including
without limitation, criminal, civil and injunctive redress. GodTalkNow.com
reserves the right to restrict your activity on, and/or block your access to,
the Site any time for any reason without notice to you.
Disputes between Users:
The resolution of disputes that may arise between users is the sole
responsibility of the users and GodTalkNow.com has no liability or obligation
with respect to any such disputes.
DISCLAIMERS:
TO THE FULLEST EXTENT PERMITTED BY LAW, THE SITE, CONTENT AND USER
SUBMISSIONS ARE PROVIDED "AS-IS" AND GODTALKNOW.COM EXPRESSLY
DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT
LIMITATION, THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE, WITH RESPECT TO THE SITE, CONTENT AND USER SUBMISSIONS AND YOUR USE
THEREOF. GODTALKNOW.COM DOES NOT GUARANTEE ANY SPECIFIC RESULTS FROM THE USE OF
OUR WEB SITE OR SERVICES. THE WEB SITE MAY NOT BE AVAILABLE TEMPORARILY FROM
TIME TO TIME FOR MAINTENANCE PURPOSES OR OTHER REASONS.
GODTALKNOW.COM DISCLAIMS ANY AND ALL RESPONSIBILITY AND LIABILITY FOR (A)
ANY INACCURACIES, ERRORS OR OMISSIONS IN ANY CONTENT OR USER SUBMISSIONS POSTED
ON OR ACCESSED THROUGH THE SITE OR IN ANY CONTENT OF ANY OTHER WEB SITE LINKED
TO THIS SITE, (B) ANY INTERRUPTION, OMISSION, ERROR, DELAY IN OPERATION,
DELETION, DEFECT, COMMUNICATIONS LINE FAILURE, DESTRUCTION, THEFT OR
UNAUTHORIZED ACCESS TO, OR ALTERATION OF THE SITE, ANY CONTENT, OR ANY USER
SUBMISSIONS, (C) THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE
SITE, (D) ANY TECHNICAL MALFUNCTIONS OR PROBLEMS OF ANY TELEPHONE NETWORK OR
LINES, COMPUTER ONLINE SYSTEMS, COMPUTER EQUIPMENT, SERVERS OR PROVIDERS,
SOFTWARE, FAILURE OF VIDEO PLAYS ON ACCOUNT OF TECHNICAL PROBLEMS OR TRAFFIC
CONGESTION ON THE INTERNET OR ANY WEB SITE OR COMBINATION THEREOF, (E) ANY
PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS AND USE OF THE
SITE, CONTENT, OR USER SUBMISSIONS OR YOUR INTERACTION WITH OTHER USERS, (F)
ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND THE INFORMATION CONTAINED
THEREON, INCLUDING WITHOUT LIMITATION, USER INFORMATION, AND (G) ANY BUGS,
VIRUSES, TROJAN HORSES, WORMS, OR OTHER DESTRUCTIVE, DISABLING OR MALICIOUS
PROGRAMS, CODES, SUBROUTINES OR THE LIKE THAT ARE TRANSMITTED THROUGH THE SITE.
GODTALKNOW.COM ASSUMES NO RESPONSIBILITY FOR MONITORING THE SITE AND DOES
NOT ENDORSE ANY USER SUBMISSION OR ANY OPINION, STATEMENTS OR ADVICE EXPRESSED
THEREIN. GODTALKNOW.COM EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY IN CONNECTION
WITH YOUR ACCESS AND USE OF THE SITE, CONTENT, AND USER SUBMISSIONS AND YOUR INTERACTION
WITH OTHER USERS. YOU AGREE THAT YOUR ACCESS AND USE OF THE SITE, CONTENT AND
USER SUBMISSIONS AND YOUR INTERACTION WITH OTHER USERS IS UNDERTAKEN AT YOUR
OWN RISK.
THE SITE IS OPERATED AND PROVIDED BY GODTALKNOW.COM FROM ITS FACILITIES IN
THE UNITED STATES OF AMERICA. GODTALKNOW.COM DOES NOT REPRESENT OR WARRANT THAT
THE SITE COMPLIES WITH THE LAWS OF THE JURISDICTION FROM WHICH YOU MAY BE
ACCESSING THE SITE THROUGH THE INTERNET. YOU ARE SOLELY RESPONSIBLE FOR
COMPLIANCE WITH YOUR LOCAL LAW. YOU AGREE THAT (A) THE SITE SHALL BE DEEMED
SOLELY BASED IN THE STATE OF NEW YORK, AND (B) THE SITE IS A PASSIVE WEB SITE
THAT DOES NOT GIVE RISE TO PERSONAL JURISDICTION OVER GODTALKNOW.COM OR E.A.
RAINE PUBLISHING, IN ANY JURISDICTION OTHER THAN THE STATE OF TEXAS.
LIMITATION OF LIABILITY:
IN NO EVENT SHALL GODTALKNOW.COM, E.A. RAINE PUBLISHING, OR THEIR RESPECTIVE
AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND ASSIGNS (THE "GODTALKNOW
GROUP") BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT,
CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING
WITHOUT LIMITATION LOST PROFITS, WHETHER BASED ON AN ACTION OR CLAIM IN
CONTRACT, EQUITY, NEGLIGENCE, TORT OR OTHERWISE, ARISING FROM YOUR ACCESS OR
USE OF THE SITE, CONTENT OR USER SUBMISSIONS OR YOUR INTERACTION WITH OTHER
USERS, EVEN IF GODTALKNOW.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. IN ANY EVENT, THE LIABILITY OF ANY MEMBER OF THE GODTALKNOW GROUP TO
YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT
ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO GODTALKNOW.COM FOR
YOUR REGISTRATION WITH THE SITE AND YOUR USE OF THE GODTALKNOW SERVICES DURING
THE TERM OF YOUR USE. NO CAUSE OF ACTION ARISING OUT OF OR RELATING TO THIS
AGREEMENT, THE SITE, CONTENT OR USER SUBMISSIONS MAY BE BROUGHT BY ONE PARTY
AGAINST THE OTHER PARTY MORE THAN TWO (2) YEARS AFTER THE CAUSE OF ACTION
ACCRUED. THIS LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT
PERMITTED BY LAW. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL
CODE SECTION 1542, WHICH SAYS, "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".
INDEMNITY:
YOU AGREE TO INDEMNIFY AND HOLD HARMLESS GODTALKNOW.COM, E.A. RAINE
PUBLISHING AND THEIR RESPECTIVE AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES,
AGENTS, LICENSEES AND ASSIGNS, AND ALL OTHER USERS FROM AND AGAINST ANY AND ALL
ROYALTIES, FEES, DAMAGES, PENALTIES, CLAIMS, COSTS AND LOSSES ARISING IN
CONNECTION WITH ANY OF YOUR USER SUBMISSIONS OR YOUR BREACH OF ANY OF THE TERMS
OF THIS AGREEMENT.
DISPUTES:
YOU AGREE TO THE EXCLUSIVE PERSONAL JURISDICTION AND VENUE OF THE FEDERAL
AND STATE COURTS IN NEW YORK TO ADJUDICATE ALL CLAIMS, CONTROVERSIES AND
DISPUTES THAT MAY ARISE BETWEEN YOU AND ANY MEMBER OF THE GODTALK GROUP;
PROVIDED THAT EITHER YOU OR GODTALKNOW.COM MAY DEMAND THAT SUCH DISPUTES BE
SUBJECT TO BINDING ARBITRATION HELD IN NEW YORK BEFORE ONE ARBITRATOR IN
ACCORDANCE WITH THE ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION,
SUBJECT TO EACH PARTY’S RIGHT TO SEEK INJUNCTIVE RELIEF IN A COURT OF COMPETENT
JURISDICTION.
General:
This Agreement will be governed by the substantive laws of the United States
of America and the State of NEW YORK (without giving effect to any choice-of-law rules that may
require the application of the laws of another jurisdiction). This Agreement constitutes
the entire agreement of the parties with respect to the subject matter hereof,
superseding any previous or contemporaneous representations, understandings or
agreements with respect thereto. There is no partnership, employee-employer,
agency, franchisor-franchisee or joint venture relationship between GodTalkNow.com
and any user. If any provision of this Agreement is held invalid or
unenforceable, the remainder of this Agreement shall continue in full force and
effect. The failure of GodTalkNow.com to enforce any of the terms of this
Agreement or exercise any of its rights under this Agreement shall not
constitute a waiver of such terms or rights. No waiver of any of the terms or
rights in this Agreement shall be deemed a further or continuing waiver of such
terms or rights.
