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Terms of Use

These Terms of Use (the "Terms of Use”) apply to the Evangelical Christian Publishers Association ("ECPA”) web site located at www.ecpa.org and all associated sites owned or operated by ECPA (collectively, the "ECPA Site”). The ECPA Site is the property of ECPA and its licensors. BY USING THE ECPA SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE ECPA SITE.

ECPA reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use at any time. ECPA undertakes efforts to notify users of changes to these Terms of Use, but it is your responsibility to check these Terms of Use periodically for changes. Your continued use of the ECPA Site following the posting of changes will mean that you accept and agree that the revised Terms of Use will apply to your use of the ECPA Site after the changes are posted. As long as you comply with the Terms of Use (as amended from time to time), ECPA grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the ECPA Site.

1. Services

ECPA hosts various blogs, wikis, forums, profiles, social networking features, and resource library materials (collectively the "Services"). You will be responsible for all activities occurring under your username and for keeping your password secure. You understand and agree that the Services are provided to you on an AS IS and AS AVAILABLE basis. ECPA disclaims all responsibility and liability for the availability, timeliness, security or reliability of the Services or any other client software. ECPA also reserves the right to modify, suspend or discontinue the Services with or without notice at any time and without any liability to you.

ECPA’s Interactive Content Policy applies to your use of the Services, and its terms are made a part of these Terms of Use by this reference. To view ECPA’s Interactive Content Policy, see https://ecpa.site-ym.com/?page=content_policy. By using the Services, you agree to comply with the Interactive Content Policy. Violation may result in immediate termination of your access to the Services and/or the ECPA Site, and may subject you to state and federal penalties and other claims.

2. Privacy
ECPA’s Privacy Policy applies to use of the ECPA Site, and its terms are made a part of these Terms of Use by this reference. To view ECPA’s Privacy Policy, see https://ecpa.site-ym.com/?page=privacy_policy. Additionally, by using the ECPA 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 ECPA 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.

3. Site Content
All text, graphics, images, video, audio, text, charts, widgets, user interfaces, visual interfaces, trademarks, logos, software code, and other copyrighted or otherwise proprietary content (collectively, "Content”), including but not limited to the design, structure, selection, coordination, expression, "look and feel” and arrangement of such Content and the Services contained on the ECPA Site is owned, controlled or licensed by or to ECPA, 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 and the Interactive Content Policy, no part of the ECPA Site, Services, or Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, resold, translated, transmitted or exploited or distributed in any way (including "mirroring”) to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without ECPA’s express prior written consent.

By submitting, posting or displaying Content on or through the Services which is intended to be available to the members of the Services or the public, you grant ECPA a worldwide, non-exclusive, royalty-free license to reproduce, publish and distribute such Content through the Services and any other ECPA services or programs. ECPA furthermore reserves the right to refuse to accept, post, display or transmit any Content in its sole discretion.

4. Your Use of the ECPA Site
You may not use any "deep-link”, "page-scrape”, "robot”, "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 ECPA Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the ECPA Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the ECPA Site. ECPA reserves the right to bar any such activity.

You may not attempt to gain unauthorized access to any portion or feature of the ECPA Site, or any other systems or networks connected to the ECPA Site or to any ECPA server, or to any of the services offered on or through the ECPA Site, by hacking, password "mining” or any other illegitimate means.

You may not probe, scan or test the vulnerability of the ECPA Site or any network connected to the ECPA Site, nor breach the security or authentication measures on the ECPA Site or any network connected to the ECPA Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the ECPA Site, or any other member of ECPA, including any ECPA account not owned by you, to its source, or exploit the ECPA Site or any service or information made available or offered by or through the ECPA 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 ECPA Site.

You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the ECPA Site or ECPA’s systems or networks, or any systems or networks connected to the ECPA Site or to ECPA.

You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the ECPA Site or any transaction being conducted on the ECPA Site, or with any other person’s use of the ECPA Site.

You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to ECPA on or through the ECPA Site or any service offered on or through the ECPA Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

You may not use the ECPA Site, Services, 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 ECPA or others.

5. Links to Other Sites and to the ECPA Site
This ECPA 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. Such Linked Sites are not under ECPA’s control, and ECPA is not responsible for and does not endorse the content of such 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.

6. General Practices Regarding Use and Storage

You agree that ECPA has no responsibility or liability for the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services. ECPA retains the right to create limits on use and storage at our sole discretion at any time with or without notice.

7. Disclaimers
MUCH OF THE CONTENT OF ECPA.ORG -- INCLUDING THE CONTENTS OF SPECIFIC POSTINGS -- IS PROVIDED BY AND IS THE RESPONSIBILITY OF THE PERSON OR PEOPLE WHO MADE SUCH POSTINGS. ECPA DOES NOT ENDORSE, SUPPORT, REPRESENT OR GUARANTEE THE TRUTHFULNESS, ACCURACY, OR RELIABILITY OF ANY COMMUNICATIONS POSTED VIA THE SERVICES OR ENDORSE ANY OPINIONS EXPRESSED VIA THE SERVICES. YOU ACKNOWLEDGE THAT ANY RELIANCE ON MATERIAL POSTED VIA THE SERVICES OR AVAILABLE ON THE SITE WILL BE AT YOUR OWN RISK. ECPA DOES NOT PROMISE THAT THE ECPA SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE ECPA SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE ECPA SITE WILL PROVIDE SPECIFIC RESULTS. THE ECPA SITE, SERVICES, AND CONTENT ARE DELIVERED ON AN "AS-IS” AND "AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE ECPA SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. ECPA CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE ECPA SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. ECPA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ECPA 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 ECPA SITE AND/OR ANY ECPA SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE ECPA SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST ECPA FOR DISSATISFACTION WITH THE ECPA SITE OR ANY CONTENT IS TO STOP USING THE ECPA 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.

ECPA reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the ECPA Site or any portion of the ECPA Site or the Services for any reason; (2) to modify or change the ECPA Site or any portion of the ECPA Site or the Services and any applicable policies or terms; and (3) to interrupt the operation of the ECPA Site or any portion of the ECPA Site or the Services as necessary to perform routine or non-routine maintenance, error correction, or other changes.

8. Limitation of Liability
Except where prohibited by law, in no event will ECPA be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if ECPA has been advised of the possibility of such damages.

If, notwithstanding the other provisions of these Terms of Use, ECPA is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the ECPA Site, Services, or Content, ECPA’s liability shall in no event exceed US$100.00. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.

9. Indemnity
You represent and warrant that (a) all of the information provided by you to ECPA to participate in the Services is correct and current; and (b) you have all necessary right, power and authority to enter into these Terms of Use and to perform the acts required of you hereunder.

You agree to indemnify and hold ECPA, its officers, directors, members, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against ECPA by any third party due to or arising out of or in connection with your violation of the above representations or any other term of these Terms of Use or your use of the ECPA Site, Content, or Services.

10. Violation of These Terms of Use
ECPA 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 ECPA Site or Services, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) ECPA’s rights or property, or the rights or property of visitors to or users of the ECPA Site or Services. ECPA reserves the right at all times to disclose any information that ECPA deems necessary to comply with any applicable law, regulation, legal process or governmental request. ECPA also may disclose your information when ECPA 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 ECPA may preserve any transmittal or communication by you with ECPA through the ECPA Site or any service offered on or through the ECPA Site, and may also disclose such data if required to do so by law or ECPA 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, property or personal safety of ECPA, its employees, members, users of or visitors to the ECPA Site, and the public.

You agree that ECPA may, in its sole discretion and without prior notice, terminate your access to the ECPA Site and/or block your future access to the ECPA 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 ECPA 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 ECPA, for which monetary damages would be inadequate, and you consent to ECPA obtaining any injunctive or equitable relief that ECPA deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies ECPA may have at law or in equity.

11. Governing Law; Dispute Resolution
You agree that all matters relating to your access to or use of the ECPA Site, including all disputes, will be governed by the laws of the United States and by the laws of the State of Arizona without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the federal court in Phoenix, Arizona, and waive any objection to such jurisdiction or venue. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees. In the event of any controversy or dispute between ECPA and you arising out of or in connection with your use of the ECPA 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 their respective legal counsel. If the dispute cannot be resolved by legal counsel, then the parties shall be free to pursue any right or remedy available to them under applicable law.

12. Void Where Prohibited
Although the ECPA Site is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the ECPA Site are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. ECPA reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the ECPA Site is void where prohibited. If you choose to access the ECPA Site from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.

13. Miscellaneous
You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the ECPA Site, 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 (including the Privacy Policy and Interactive Content Policy), as may be amended from time to time, constitute the entire agreement between you and ECPA with regard to your use of the ECPA Site, Services, and Content, and any and all other written or oral agreements or understandings previously existing between you and ECPA with respect to such use are hereby superseded and cancelled. ECPA will not accept any counter-offers to these Terms of Use, and all such offers are hereby categorically rejected. ECPA’s failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by ECPA of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between ECPA 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. The following provisions of the Terms of Use shall survive termination or expiration of your access or use of the Site or other termination of these Terms of Use: Sections 3 – 11.

[Last updated January 26, 2011]


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