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
ECPA reserves the right, at its sole discretion, to change, modify, add or
Site following the posting of changes will mean that you accept and agree that the
to time), ECPA grants you a personal, non-exclusive, non-transferable, limited
privilege to enter and use the ECPA Site.
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
ECPA’s Interactive Content Policy applies to your use of the Services, and
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.
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.
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
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
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
of any illegal activity or other activity which infringes the rights of ECPA or
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
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.
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
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.
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.
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
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
Site, Content, or Services.
10. Violation of These Terms
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
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
agreements or guidelines which may be associated with your use of the ECPA Site.
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
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
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.
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.
tribunal of competent jurisdiction to be void or unenforceable, such provisions
shall be limited or eliminated to the minimum extent necessary and replaced
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
all such offers are hereby categorically rejected. ECPA’s failure to insist on
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
not be interpreted or construed to confer any rights or remedies on any third
parties. The following provisions
[Last updated January 26,