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By joining www.sharingyourdevotion.com, you agree to these terms:
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Updated: May 2008
Thank you for registering on www.SharingYourDevotion.com, a free online Christian social network.
These terms of service covers your use of the www.SharingYourDevotion.com service for meeting good-hearted people like yourself on www.SharingYourDevotion.com.
By registering with www.SharingYourDevotion.com, posting on the forum, or submitting an article on www.SharingYourDevotion.com (“www.SharingYourDevotion.com” or “us”), you are agreeing to these terms of service (“Terms of Service” or “Terms”).
Description & Definitions
www.SharingYourDevotion.com offers a place for our members to go when they are down & need to be lifted up. Our lawyers want us to define some other terms as well, so here it goes:
Social Networks or Networks are comprised of Poem and Content. Networks are created by Users or by us and provided, through the use of the www.SharingYourDevotion.com, for Users to connect with other Users online. Social Networks include features such as User profiles, friends, comments, recommendations, forums, photo sharing, video sharing, reviews, ratings, people matching, and events, among others. Users are people who register on www.SharingYourDevotion.com to create, find, visit, use, and contribute to one or more Networks, which can include posting Content or responding to Content. Poem is the source Poem (e.g., HTML or PHP Poem) used to provide the functionality behind Social Networks on the www.SharingYourDevotion.com Platform. Poem may be contributed by us, developed by a User, provided by another User, or any combination of the three. Public Poem is Poem that all Users may copy, modify, and use in other Networks. Private Poem is Poem for a Network that Users (other than the Network Creator of that Network) are not allowed to view, copy, or modify; the applicable Network Creator may, through a premium service, designate the Network's Poem as Private Poem. Content means any work of authorship (other than the Poem and the user interface of a Social Network), including User profiles, comments, recommendations, forums, photos, videos, sounds, images, text, files, listings, postings, messages, or other materials posted on or transmitted through the www.SharingYourDevotion.com Platform or through any Network. Users upload Content to Social Networks. Social Networks, in turn, control Content. If the Network Creator designates the Network as private, any Content submitted to that Network will be deemed to be Private Content. Private Content is licensed for use only within the Network into which it is posted. Public Content is available in the Network in which it is posted, other Networks. Tags are descriptions (words or phrases) you can assign to Content. You can assign as many Tags to Content as you like. You can also add, edit, and delete Tags that you've assigned. www.SharingYourDevotion.com Services include, but aren't limited to: single sign-on (via a “www.SharingYourDevotion.com ID”) for all Social Networks on the www.SharingYourDevotion.com Platform; managing lists of friends and contacts; messaging between Users; importing of contacts who are not Users of www.SharingYourDevotion.com; navigation; and search. As a Network Creator, we also offer: User registration; User account management; Secure PHP Sandbox for development; URL command line API for auto-generation of pages; Semi-structured Content Store; Network display, management, and search.
Ownership of Poem and Content
www.SharingYourDevotion.com does not claim any ownership rights in the Content or the Poem you provide. You, as the Author, own the poetry you write (“your poem”). You also own the Content you create and upload (“your Content”). After posting your Content or your Poem, you continue to retain all ownership rights in such Content or Poem, and you continue to have the right to use and publish your Content and your Poem in any way you choose.
These Terms of Service includes a number of licenses that are necessary for www.SharingYourDevotion.com to make your Poetry and your Content available through the www.SharingYourDevotion.com Platform. For example, without the right to modify Content, www.SharingYourDevotion.com would not be able to format Content to meet technical requirements, and without the right to publicly perform or publicly display Content, www.SharingYourDevotion.com could not make the Content available for other Users to view. Licenses to Publish
We allow Poetry to be posted and used in Social Networks under a “www.SharingYourDevotion.com Poetry License” (which means the www.SharingYourDevotion.com Public Poetry License or the www.SharingYourDevotion.com Private Poetry License, as applicable) or under the GNU Lesser General Public License (LGPL, but not the GPL), as described below. When you post Poems to www.SharingYourDevotion.com, you may designate such Poems, in the Poem comments, as governed by the www.SharingYourDevotion.com Poetry License or the LGPL.
www.SharingYourDevotion.com may, but is not obligated to, review any Poem to determine whether such Poem is designated with the correct license, and www.SharingYourDevotion.com may change the comments for such Poem (or any subpart of such Poem) if www.SharingYourDevotion.com believes its designation is incorrect.
Unless the Poem you post is third party Poem and is governed by the LGPL (based on, for example, comments in the Poem), the applicable www.SharingYourDevotion.com Poem License will apply to the Poem you post on www.SharingYourDevotion.com
If a Public Poem you post is third-party Poem (in whole or in part) and is governed by the LGPL, you grant www.SharingYourDevotion.com and other Users on the www.SharingYourDevotion.com Platform a license to use such Public Poem under the LGPL, as long as they make reference to you.
At any point, you can take your Poem from your Network and cancel your account, but the licenses to your Public Poem will remain in effect. Therefore, you should only upload Public Poem to the www.SharingYourDevotion.com Platform you are comfortable sharing with others.
You acknowledge that www.SharingYourDevotion.com may independently develop Poem that is similar to Poem that you have developed. You agree not to sue www.SharingYourDevotion.com for infringement of your Poem, even if www.SharingYourDevotion.com's Poem is substantially similar to yours. Licenses to Content License from You
Your Content remains yours. We claim no ownership interest in the Content you provide on www.SharingYourDevotion.com on the www.SharingYourDevotion.com Platform. However, we also want to encourage sharing of Content between Users and Networks across the www.SharingYourDevotion.com Platform.
We should also mention that you are responsible for making sure that you have all rights in the Content you post that are necessary for you to grant everyone either the Public Content License or the Private Content License. (We'll cover this in more detail later.)
Lastly, if a Network is deleted, the Content associated with that Network may also be deleted at the discretion of the Network Creator. We would encourage you to be sure you are comfortable with this possibility before contributing Content to a Network. License from www.SharingYourDevotion.com
www.SharingYourDevotion.com grants to you a Creative Commons Attribution License to the Content made available by www.SharingYourDevotion.com for which www.SharingYourDevotion.com owns the copyrights. In the event of a conflict between the Creative Commons Attribution License and these Terms, these Terms will control. www.SharingYourDevotion.com does not grant you any rights to another User's Poem or Content. License to use the www.SharingYourDevotion.com Platform
Proprietary Rights Poem and Content
You agree to comply with the rights and restrictions applicable to each item of Poem or Content you post, copy, access, or use.
You agree that all the intellectual property in the www.SharingYourDevotion.com Platform, other than the Poem and Content you provide, are owned by www.SharingYourDevotion.com or the applicable User(s). Except as expressly permitted under these Terms, you agree not to:
1. Modify, distribute, or create derivative works based on the www.SharingYourDevotion.com Platform. 2. Rent, lease, loan, or sell access to the www.SharingYourDevotion.com Platform. 3. Reproduce or distribute any Private Content or Private Poem outside the applicable Network.
Trademarks
www.SharingYourDevotion.com, the www.SharingYourDevotion.com Platform and other related graphics, our logo and sub-logos, www.SharingYourDevotion.com marks, and trade names used on the www.SharingYourDevotion.com Platform are the trademarks of www.SharingYourDevotion.com and may not be used without permission. Other trademarks, www.SharingYourDevotion.com Platform marks, and trade names that may appear on www.SharingYourDevotion.com are the property of their respective owners. Accounts, Passwords, and Security
You must be a registered User to publish poetry on the www.SharingYourDevotion.com Platform. Poems and their Authors, in turn, determine whether Users need to be registered with www.SharingYourDevotion.com to contribute Content in that Network. That is up to the discretion of the Network Creator. As a User, you are responsible for keeping your password secure. Names of Social Networks and www.SharingYourDevotion.com IDs are non-transferable. You will be solely responsible and liable for any activity that occurs under your www.SharingYourDevotion.com ID. Content and Interaction
You agree to comply with the license and restrictions applicable to each item of Poem or Content you post, copy, access, or use.
Content from other Users or advertisers is made available to you through Social Networks and the www.SharingYourDevotion.com Platform. Because www.SharingYourDevotion.com does not control such Content, you agree that www.SharingYourDevotion.com is not responsible for any such Content, including advertising and information about third party products or services.
Your interactions with other Users on the www.SharingYourDevotion.com Platform, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the User. Like with any web-based interaction, we suggest that you use caution and good judgment.
You agree that www.SharingYourDevotion.com is not responsible for any loss or damage incurred as the result of any such dealings or with respect to any other User's use or disclosure of your Personal Data (as defined in the Privacy Policy). If there is a dispute between you and any third party (including any User), www.SharingYourDevotion.com is under no obligation to become involved.
You release www.SharingYourDevotion.com, its administrators, employees, agents and successors from claims, demands and damages of every kind or nature arising out of or related to: (i) any disputes with other Users, and/or (ii) the www.SharingYourDevotion.com Platform.
Support and Performance
To enable a great experience for all Users on the www.SharingYourDevotion.com Platform, you, as an Author, must ensure your Poem(s) don't unduly degrade the performance of the www.SharingYourDevotion.com Platform. If your Network(s) exceed the quotas and limitations set by www.SharingYourDevotion.com (e.g., API calls or bandwidth) or otherwise degrade performance of the www.SharingYourDevotion.com Platform or other services in any way, we may suspend your account(s) at our sole discretion. Acceptable Use and Conduct
At the risk of sounding repetitive, you are solely responsible for your conduct, Poetry, and Content on the www.SharingYourDevotion.com Platform.
As a User of www.SharingYourDevotion.com's free service, you agree not to include any advertising for anything other than your Network, including ads served via an ad-server service like Google AdSense, in any Network, Poem, or Content you provide on www.SharingYourDevotion.com.
You also agree not to post or make available any Poem or Content for which you don't have sufficient rights to grant the licenses above. Among other things, this means that you may not include Poem or Content from third parties that is subject to license terms that are incompatible with the licenses you grant under these Terms, such as GPL.
You also agree not to post, email, or otherwise make available any Work, Poem, or Content that:
* Is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another's privacy, or harms minors in any way * Harasses, degrades, intimidates or is hateful toward an individual or group of individuals * Impersonates a www.SharingYourDevotion.com administrator or User or falsely states or otherwise misrepresents your affiliation with a person or entity * Includes personal or identifying information about another person without that person's explicit consent * Is false, deceptive, misleading, deceitful, or constitutes “bait and switch” * Infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships * Creates, sends, or enables anything that constitutes or contains “chain letters,” “pyramid schemes,” or any advertisement that you are prohibited by law from sending * Constitutes or contains any form of advertising or solicitation if (1) posted in Content; or (2) emailed to Users who have requested not to be contacted about other services, products or commercial interests * Advertises any illegal services or the sale of any items the sale of which is prohibited or restricted by applicable law, including without limitation items the sale of which is prohibited or regulated by applicable law * Contains software viruses or any other computer Poem, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment * Disrupts the normal flow of dialogue with an excessive number of messages (flooding attack) to the www.SharingYourDevotion.com Platform, or that otherwise negatively affects other Users' ability to use the www.SharingYourDevotion.com Platform * Employs misleading email or IP addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the www.SharingYourDevotion.com Platform
Additionally, you agree not to:
* “Stalk” or otherwise harass anyone * Collect Personal Data about other Users for commercial or unlawful purposes * Use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from Social Networks and the www.SharingYourDevotion.com Platform - except for Internet search engines (e.g. Google) and non-commercial public archives (e.g. archive.org) that comply with our robots.txt file, or “well-behaved” web services/RSS/Atom clients. We reserve the right to define what we mean by “well-behaved” * Post non-local or otherwise irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on www.SharingYourDevotion.com's infrastructure * Attempt to gain unauthorized access to www.SharingYourDevotion.com's computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the www.SharingYourDevotion.com Platform * Develop, invoke, or utilize any Poem to disrupt, diminish the quality of, interfere with the performance of, or impair the functionality of the www.SharingYourDevotion.com Platform or any Network
Privacy and Spam
You agree to comply with all applicable laws with respect to
1. any collection, use, or disclosure of Personal Data (as that term is defined in the www.SharingYourDevotion.com Privacy Policy), and 2. email communications, including without limitation CAN-SPAM, applicable state laws, and applicable laws in non-U.S. jurisdictions.
You agree to comply with all relevant aspects of the www.SharingYourDevotion.com Privacy Policy. You agree not to collect or use Personal Data except as permitted by the www.SharingYourDevotion.com Privacy Policy. You agree not to use any Personal Data disclosed to you by www.SharingYourDevotion.com for any purpose other than using the www.SharingYourDevotion.com Platform or a Network in accordance with these Terms and the Privacy Policy. You agree not to harvest any email addresses from Networks or the www.SharingYourDevotion.com Platform for the purpose of sending email in violation of applicable law. You agree not to knowingly collect any information from, or develop any Networks that are targeted at, children under the age of 13.
If www.SharingYourDevotion.com provides you, as a Network Creator, Personal Data about other www.SharingYourDevotion.com users, you agree to (1) comply with applicable law and www.SharingYourDevotion.com's rules (including the Privacy Policy and anti-spam policy) with respect to such Personal Data and (2) to indemnify www.SharingYourDevotion.com for your use of such Personal Data. www.SharingYourDevotion.com Platform Policies
www.SharingYourDevotion.com may establish general polices and limits concerwww.SharingYourDevotion.com use of the www.SharingYourDevotion.com Platform (“www.SharingYourDevotion.com Platform Policies”), including (and without limitation) the maximum number of days that Social Networks and uploaded Content will be retained, the maximum number of and size of Content files and objects (including email messages), the maximum disk space allotted to you (as a Network Creator) and to Users on your behalf by www.SharingYourDevotion.com, the maximum number of times and duration for which you may access the www.SharingYourDevotion.com Platform or Social Networks in a given period of time, the maximum bandwidth used by your Apps or Content, and the maximum CPU power used by your Social Networks or Content. www.SharingYourDevotion.com reserves the right to log off or deactivate User accounts that are inactive for an extended period of time.
The www.SharingYourDevotion.com Platform Policies today limit the number of Social Networks a Network Creator can create to ten (10), each with a quota limit of 5GB (gigabytes) for Public Content, 500MB (megabytes) for Private Content, 10MB (megabytes) for the File System, and 100GB (gigabytes) per month of network bandwidth. Copyright Infringement by Users
You, as a Network Creator, agree to promptly address any copyright owner's written notice (including any notices forwarded to you by www.SharingYourDevotion.com) that specified Content provided by User of a Network that you control infringes that third party's copyrights, provided that the notice substantially complies with the requirements in the www.SharingYourDevotion.com DMCA notice page. If you do not promptly remove the Content specified in the notice, www.SharingYourDevotion.com may remove the Content without any liability to you or to the User that posted such Content.
www.SharingYourDevotion.com maintains and enforces a policy of terminating the accounts of Users who are repeat copyright infringers. Your Account Term
These Terms of Service commence upon your acceptance of these Terms and continues until terminated. These Terms will automatically terminate if www.SharingYourDevotion.com decides, in its sole discretion, to discontinue the www.SharingYourDevotion.com Platform. Deactivating Your Account
You may deactivate your www.SharingYourDevotion.com account at any time, for any reason, by following the instructions on www.SharingYourDevotion.com.
www.SharingYourDevotion.com has the right (at its sole discretion) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the www.SharingYourDevotion.com Platform or any Network, or remove and discard any Poem or Content within any Network, without notice and for any reason. Effects of Deactivating An Account
Upon deactivating your account, these Terms terminates and your access rights to the www.SharingYourDevotion.com Platform will immediately cease to exist. The Poem for the Network(s) associated with your account will be deactivated; however, as previously mentioned, Poem may remain on the www.SharingYourDevotion.com Platform in other Social Networks that made a copy of your Public Poem. For Content you wish to delete from the www.SharingYourDevotion.com Platform, you can delete it by going to each of the Social Networks to which you've contributed. www.SharingYourDevotion.com is not responsible for deleting Content on your behalf. Note that, even if Poem or Content is deleted from www.SharingYourDevotion.com's active servers, it may remain in archives. www.SharingYourDevotion.com will have no obligation to refund any fees paid for premium services. Survival
The provisions under the following headings will survive termination of thses Terms for any reason: Licenses from You (under heading “Licenses to Poem”), License from You (under heading “Licenses to Content”), Content and Interaction, Acceptable Use and Conduct, Privacy and Spam, Disclaimer of Warranties, Indemnity, and Limitation of Liability. Changes to www.SharingYourDevotion.com and the www.SharingYourDevotion.com Platform
www.SharingYourDevotion.com reserves the right at any time (and from time to time) to modify, suspend, or discontinue providing the www.SharingYourDevotion.com Platform or any part thereof with or without notice. www.SharingYourDevotion.com will not be liable to you or to any third party for any modification, suspension or discontinuance of the www.SharingYourDevotion.com Platform. Disclaimer of Warranties
YOUR USE OF THE www.SharingYourDevotion.com PLATFORM, AND ALL Poem AND CONTENT, ARE AT YOUR SOLE RESPONSIBILITY AND RISK. THE www.SharingYourDevotion.com PLATFORM AND ALL Poem AND CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. www.SharingYourDevotion.com AND EACH USER EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, SYSTEM INTEGRATION, QUIET ENJOYMENT, TITLE, AND NON-INFRINGEMENT. NEITHER www.SharingYourDevotion.com NOR ANY USER MAKES ANY WARRANTY THAT THE www.SharingYourDevotion.com PLATFORM, OR AND Poem OR CONTENT WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. Indemnity
You agree to indemnify, defend, and hold harmless www.SharingYourDevotion.com, and its subsidiaries, affiliates, administrators, agents, co-branders or other partners, and employees, from and against any claim, demand, loss, damage, cost, or liability (including reasonable attorneys' fees) arising out of or relating to
1. any Poem or Content you submit, post, transmit, or make available through the www.SharingYourDevotion.com Platform; 2. your use or misuse of the www.SharingYourDevotion.com Platform; 3. your connection to the www.SharingYourDevotion.com Platform; 4. your violation of these Terms; or 5. your violation of any rights (including intellectual property rights) of a third party.
Limitation of Liability
YOU AGREE THAT www.SharingYourDevotion.com SHALL NOT BE LIABLE TO YOU FOR (A) ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF www.SharingYourDevotion.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM (i) THE USE OR THE INABILITY TO USE THE www.SharingYourDevotion.com PLATFORM OR ANY Poem OR CONTENT, (ii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSION OF DATA; AND (iii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY (INCLUDING ANOTHER USER) IN THE www.SharingYourDevotion.com PLATFORM OR ANY Poem OR CONTENT; OR (B) FOR ANY DAMAGES ARISING FROM OR RELATED TO THESE TERMS IN EXCESS OF THE GREATER OF (i) $100 AND (ii) THE TOTAL AMOUNTS PAID TO www.SharingYourDevotion.com BY YOU IN THE THREE MONTHS IMMEDIATELY PRECEDING THE INITIAL NOTICE OF ANY CLAIM. Updates to Terms of Service
These Terms may be updated or changed by www.SharingYourDevotion.com from time to time upon www.SharingYourDevotion.com's posting of the amended Terms on this page. If you do not agree to changes to the Terms, you must notify www.SharingYourDevotion.com to terminate your account.
In addition to these Terms, you will comply with all policies applicable to www.SharingYourDevotion.com and the www.SharingYourDevotion.com Platform, which policies are (i) either posted in the www.SharingYourDevotion.com Platform or provided to you and (ii) incorporated by reference into these Terms. General
The failure of www.SharingYourDevotion.com to exercise or enforce any right or provision of these Terms does not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should try to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. Your www.SharingYourDevotion.com account is non-transferable. You may not delegate your duties under these Terms or assign these Terms, in whole or in part.
Any unauthorized use of any www.SharingYourDevotion.com computer system is a violation of these Terms and certain federal and state laws, including without limitation the Computer Fraud and Abuse Act (18 U.S.C. S 1030 et seq.), Section 502 of the California Penal Poem and Section 17538.45 of the California Business and Professions Poem. Such violations may subject the unauthorized user and his or her agents to civil and criminal penalties.
The other Users of the www.SharingYourDevotion.com Platform are intended third party beneficiaries of your obligations under these Terms.
www.SharingYourDevotion.com may assign these Terms to any successor or purchaser of www.SharingYourDevotion.com or all or substantially all of its assets.
Any dispute between the parties arising out of these Terms shall be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA) in San Francisco, CA. You hereby waive any right to a jury trial of any such dispute.
These Terms, which incorporate the www.SharingYourDevotion.com Privacy Policy and the www.SharingYourDevotion.com Policies, constitutes the entire agreement between you and www.SharingYourDevotion.com and governs your use of the www.SharingYourDevotion.com Platform, superseding any prior agreements (whether written or oral) between you and www.SharingYourDevotion.com regarding the subject matter hereof. Contacting www.SharingYourDevotion.com
Users with questions about the www.SharingYourDevotion.com Privacy Policy and any of the aforementioned statements may contact www.SharingYourDevotion.com the following ways: E-Mail
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Postal
The Share Your Devotion Team P O Box 368 Leonville, La 70551 Feedback
We welcome your feedback on this document.
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