Agreement to Terms and Conditions of Use
Emmanuel Chinese Baptist Church (“ECBC”) owns and/or maintains the following web sites:
These web sites are collectively referred to in these Terms and Conditions of Use (the “Terms of Use”) as the “Site”. BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.
ECBC reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes.
Fair Use Rights
Nothing in these Terms of Use is intended to reduce, limit, or restrict any rights arising from fair use, first sale or other limitations on the exclusive rights of the copyright owner under copyright law or other applicable laws.
Content
All sermons, articles, blog posts, text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to ECBC, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, Web site, television, video projector or other medium for publication or distribution or for any religious use or commercial enterprise, without ECBC’s express prior written consent.
You may use and share, through social media web sites, sermons, articles, blogs and other material purposely made available by ECBC for downloading from the Site, provided that you (1) do not remove any proprietary notice language included on, or incorporated into, such material, (2) use such material only for your personal, non-commercial informational purpose and, except to share through social media web sites (e.g., Twitter, Facebook, etc.), do not copy or post such material on any networked computer or broadcast it in any media, (3) make no cuts or modifications to any such material or make any derivative works from any materials and (4) not make any additional representations or warranties relating to such material.
Under no circumstances (i) may you exercise any of the rights granted to you in these Terms of Use in any manner that is primarily intended for or directed toward commercial advantage or private monetary compensation or (ii) represent or hold your organization out as a ECBC Church or affiliated with ECBC or Pastor Jerry Jean. Nothing in these Terms of Use shall be construed to place the parties in a partnership or joint venture together.
Campaigns
ECBC and Pastor Jerry Jean may from time to time launch one or more “Campaigns” where we make available to any church—free of charge—access to the materials, notes, and research for particular ECBC sermon series. In connection with each Campaign, we will allow churches that register to participate in a particular Campaign to publicly broadcast to their respective congregations Pastor Jerry Jean’s sermon series that is the subject of the particular Campaign by means of a digital transmission of each sermon in such series; provided that you (1) do not remove any proprietary notice language included on, or incorporated into, such material, (2) broadcast the sermon in its entirety, (3) make no cuts or modifications to any such material or make any derivative works from any materials and (4) not make any additional representations or warranties relating to such material. The grant of this right is limited to the sermon series that is the subject of the particular Campaign. For the avoidance of doubt, unless specifically approved in connection with a ECBC Church Campaign, without the prior written consent of ECBC (and the appropriate copyright owner to the extent it is not ECBC), you may not use or broadcast sermons or other Content accessed or downloaded from the Site as part of your congregation’s gatherings, meetings, classes or worship services.
Musical Content
If the Content you download or otherwise access is a musical composition, ECBC reserves the exclusive right to collect (for itself or on behalf of the copyright owner of the musical composition), whether individually or via a performance rights society (e.g. ASCAP, BMI, SESAC), royalties for the public performance or public digital performance (e.g. webcast) of the Content IF THAT PERFORMANCE IS PRIMARILY INTENDED FOR OR DIRECTED TOWARD COMMERCIAL ADVANTAGE OR PRIVATE MONETARY COMPENSATION.
If the Content you download or otherwise access is a musical composition, ECBC reserves the exclusive right to collect (for itself or on behalf of the copyright owner of the musical composition), whether individually or via a music rights agency or designated agent, royalties for any phonorecord you create from the Content (“cover version”) and distribute, subject to the compulsory license created by 17 USC Section 115 of the US Copyright Act (or the equivalent in other jurisdictions), IF YOUR DISTRIBUTION OF SUCH COVER VERSION IS PRIMARILY INTENDED FOR OR DIRECTED TOWARD COMMERCIAL ADVANTAGE OR PRIVATE MONETARY COMPENSATION.
Copyright Information
A copyright is a property right in an original work of authorship. Copyright is recognized in most countries of the world by statutory copyright laws. Copyright exists in the expression of an idea, but not the idea itself. Copyrightable expressions can take many forms but are usually categorized as literary, musical, dramatic, pantomime and choreography, pictorial, graphic, sculptural, computer programs, motion pictures, and sound recordings.
Unless otherwise provided on the Site, all sermons, lectures or other teachings, in any format, and all articles and blogs contained on the Site are copyright protected material owned by the author of such material and made available on the Site through a license granted by the author to ECBC.
If you have any questions concerning the usage or licensing of material or other Content contained on the Site, please submit your questions in writing to our Legal Team at legal@ecbckc.org
Use of Material Supplied by You
You agree that upon posting information or text on the website, you grant ECBC, and its successors and assigns, a non-exclusive, worldwide, royalty free, perpetual, irrevocable, sublicenseable (through multiple tiers) license to your copyrights, publicity rights, or other intellectual property rights, if any, in such material and over the material or User Data displayed in your postings, to use, distribute, display, transmit, reproduce, and create derivative works from such material in any and all media existing now or in the future, in any manner, in whole or part, without any duty to account to you. For the purpose of this agreement, “User Data” shall mean all information (if any) submitted by you, to ECBC with the exception of credit card numbers, etc. The User Data shall be deemed to be the property of ECBC. You also grant ECBC the right to authorize the downloading and printing of such material, or any portion thereof, by end users for their personal use.
If you have any questions regarding this policy please contact:
Emmanuel Chinese Baptist Church10101 England Dr
Overland Park, KS, 66212
Attn: Legal
legal@ecbckc.org
Trademarks
ECBC owns various trademarks, including graphics, logos, service marks, trade dress, and U.S. trademark registrations. ECBC’s trademarks and trade dress may not be used in connection with any product or service that does not originate from ECBC, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits ECBC. By using this Site, you acknowledge the validity of the ECBC marks.
Your Use of the Site
You may not use any “deep-link”, “page-scrape”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. ECBC reserves the right to bar any such activity.
You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any ECBC server, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means.
You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, including any ECBC account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.
You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or ECBC’s systems or networks, or any systems or networks connected to the Site or to ECBC.
You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.
You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to ECBC on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity, including a fictitious entity or individual.
You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of ECBC or others.
Accounts, Passwords and Security
Certain features or services offered on or through the Site may require you to open an account (including setting up a ECBC Global ID and password). You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of your failure to keep this information secure and confidential. You agree not to allow others to use your account or password. You agree to notify ECBC immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by ECBC or any other user of or visitor to the Site due to someone else using your ECBC Global ID, password or account as a result of your failing to keep your account information secure and confidential.
You may not use anyone else’s ECBC Global ID, password or account at any time without the express permission and consent of the holder of that ECBC Global ID, password or account. ECBC cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
Digital Millennium Copyright Act Compliance
You represent and warrant that you: own all of the rights to the content that you post; that the content is accurate; that the use of the content you supply does not violate the rights of any third party, including, without limitations, copyrights, trademarks, rights of privacy and publicity, is not defamatory and will not cause injury to any person or entity; and that you will indemnify us and/or our affiliates for all claims resulting from any content you supply. We have the right to monitor and edit or remove any content, but we take no responsibility and assume no liability for any content posted by you or any third party. ECBC reserves the right to terminate your account for any reason.
Copyright Complaints: ECBC respects the intellectual property of others. ECBC asks that its users also respect the intellectual property rights of others. ECBC reserves the right to terminate your account if you infringe upon the copyright rights of others. If you believe something on the Site constitutes copyright infringement or a violation of your intellectual property rights, please send a written notice containing the following information (as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. sec. 512) to our Copyright Agent:
- A physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work that you claim has been infringed;
- A description of where the material that you claim is infringing is located on the site that is sufficient to allow us to locate the material;
- The email address, telephone number and mailing address at which the complaining party may be contacted;
- A statement that the complaining party has good-faith belief that the disputed use is not authorized by the copyright owner, its agent or the law;
- A statement by the complaining party that the information provided is accurate, and under penalty of perjury, that the complaining party is the copyright owner or authorized to act on the copyright owner’s behalf.
General Counsel
ECBC Church
10101 England Dr
Overland Park, KS, 66212
legal@ecbckc.org
Privacy
ECBC’s Privacy Policy applies to use of this Site, and its terms are made a part of these Terms of Use by this reference. To view ECBC’s Privacy Policy, click here. Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.
Links to Other Sites and to the ECBC Site
This Site may contain links to other independent third-party Web sites (“Linked Sites”). These Linked Sites are provided solely as a convenience to our visitors. Linked Sites are not under ECBC’s control, and ECBC is not responsible for and does not endorse the content of Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.
Customs, Duties, and Taxes
Orders that are shipped to countries outside of the U.S. may be subject to import taxes, customs duties and fees levied by the destination country (“Import Fees”). The recipient of an international shipment may be subject to such Import Fees, which are levied once a shipment reaches your country. Additional charges for customs clearance must be borne by the recipient; we have no control over these charges and cannot predict what they may be. Customs policies vary widely from country to country; you should contact your local customs office for further information. When customs clearance procedures are required, it can cause delays beyond our original delivery estimates.
Disclaimers
ECBC DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. YOU ACKNOWLEDGE AND AGREE THAT FROM TIME TO TIME, WITHOUT NOTICE, ECBC MAY MODIFY, SUSPEND OR TERMINATE OPERATION OF OR ACCESS TO THE SITE, OR ANY PORTION OF THE SITE, FOR ANY REASON; (2) MODIFY OR CHANGE THE SITE, OR ANY PORTION OF THE SITE, AND ANY APPLICABLE POLICIES OR TERMS; AND (3) INTERRUPT THE OPERATION OF THE SITE, OR ANY PORTION OF THE SITE, AS NECESSARY TO PERFORM ROUTINE OR NON-ROUTINE MAINTENANCE, ERROR CORRECTION, OR OTHER CHANGES.
YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SITE IS AT YOUR SOLE RISK. ECBC DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. ECBC CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF COMPUTER VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. ECBC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU. ECBC DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY ECBC SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST ECBC FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
Limitation of Liability
IN NO CASE SHALL ECBC, ITS ELDERS, DEACONS, DIRECTORS, OFFICERS, EMPLOYEES, VOLUNTEERS, AFFILIATES, AGENTS, CONTRACTORS, LICENSEES OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF ANY OF THE SITE OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, ECBC’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
ECBC SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU ON THE SITE, BUT YOU AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND ECBC HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.
Indemnity
BY USING THE SITE, YOU AGREE, TO THE EXTENT PERMITTED BY LAW, TO INDEMNIFY AND HOLD ECBC, ITS ELDERS, DEACONS, DIRECTORS, OFFICERS, EMPLOYEES, VOLUNTEERS, AFFILIATES, AGENTS, CONTRACTORS, LICENSEES, AND LICENSORS HARMLESS WITH RESPECT TO ANY CLAIMS ARISING OUT OF YOUR BREACH OF THIS AGREEMENT, YOUR USE OF THE SITE, OR ANY ACTION TAKEN BY ECBC AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF ITS FINDING OR DECISION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS MEANS THAT YOU CANNOT SUE OR RECOVER ANY DAMAGES FROM ECBC, ITS ELDERS, DEACONS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS AS A RESULT OF ITS DECISION TO REMOVE OR REFUSE TO PROCESS ANY INFORMATION OR CONTENT, TO WARN YOU, TO SUSPEND OR TERMINATE YOUR ACCESS TO THE SITE, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF ECBC’S CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS WAIVER AND INDEMNITY PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THIS AGREEMENT.
Violation of These Terms of Use
ECBC may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) ECBC’s rights or property, or the rights or property of visitors to or users of the Site. ECBC reserves the right at all times to disclose any information that ECBC deems necessary to comply with any applicable law, regulation, legal process or governmental request. ECBC also may disclose your information when ECBC determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
You acknowledge and agree that ECBC may preserve any transmittal or communication by you with ECBC through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or if ECBC determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights (including intellectual property rights), property or personal safety of ECBC, its employees, its volunteers, and users of or visitors to the Site, and the public, or (5) for any reason in our sole discretion
You agree that ECBC may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to ECBC, for which monetary damages would be inadequate, and you consent to ECBC obtaining any injunctive or equitable relief that ECBC deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies ECBC may have at law or in equity.
You agree that ECBC may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems. ECBC may also, in its sole discretion and without prior notice, terminate your access to the Site for any reason or for no reason whatsoever.
If ECBC does take any legal action against you as a result of your violation of these Terms of Use or any misuse of the Site or information thereon, ECBC will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to ECBC. You agree that ECBC will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms of Use.
Governing Law; Dispute Resolution
You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the Federal Arbitration Act, by the laws of the United States and by the laws of the State of Washington without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in King County, Washington, and waive any objection to such jurisdiction or venue. In the event of any controversy or dispute between ECBC and you arising out of or in connection with your use of the Site, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law. In keeping with 1 Corinthians 6:1-8, this may include binding arbitration under the procedures and supervision of the Rules of Procedure for Christian Conciliation, Institute for Christian Conciliation, or similar faith-based mediation and arbitration group. In such a case, the parties will each bear their own costs related to any arbitration proceeding including payment of their own attorneys’ fees.
For California Residents only. ECBC Church seeks to comply with the California Civil Code Section1798.80-1798.84 Any questions regarding the use of personal information for marketing purposes can be directed to ECBC Church at (email address)
Void Where Prohibited
ECBC administers and operates the Site from its location in Overland Park, Kansas. If you choose to access the Site from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.
Miscellaneous
You may not use or export or re-export any Content or any copy or adaptation of such Content in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.
If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect. These Terms of Use constitute the entire agreement between you and ECBC with regard to your use of the Site, and any and all other written or oral agreements or understandings previously existing between you and ECBC with respect to such use are hereby superseded and cancelled. ECBC will not accept any counter-offers to these Terms of Use, and all such offers are hereby categorically rejected. ECBC’s failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by ECBC of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between ECBC and you or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.
Feedback and Information
Any feedback you provide at this site shall be deemed to be non-confidential. ECBC shall be free to use such information on an unrestricted basis.
The information contained in this web site is subject to change without notice.
Updated by the ECBC Legal Team on March 4, 2014.
