1.
2.
TERMS OF SERVICE
This Agreement sets forth
the terms and conditions which apply to your use of the
http://www.sheilawalsh.com web site (the "Web Site") which is offered
to you by Sheila Walsh and Aslan Entertainment, Inc. (collectively
"we" or “our”). BY USING THIS SITE, YOU AGREE TO THE TERMS OF THIS
USAGE AGREEMENT JUST AS IF YOU HAD SIGNED THE USAGE AGREEMENT. If you do not
agree to be bound by this Agreement, please discontinue your use of the Web
Site.
1. Restrictions
on Use.
The Web Site is a computer
online service. It is accessible to you through a personal computer, or other
access device, at www.sheilawalsh.com using a communications connection (e.g.,
modem and telephone line). As part of our Web Site, you will be provided with
information, editorial content, prayer request sites, links to other Web sites
and other computer services that We may decide to offer, subject to the terms
hereof. We may discontinue or alter any aspect of the Web Site, including, but
not limited to, (i) restricting the time of availability, (ii) restricting the
availability and/or scope of the Web Site for certain platforms (i.e., computer
types and operating systems), (iii) restricting the amount of use permitted,
and (iv) restricting or terminating any User's right to use the Web Site, at
our sole discretion and without prior notice or liability. You are responsible
for all charges (e.g., telephone) associated with connecting to the Web Site
through an available access number. You are also responsible for obtaining or
providing all telephone access lines, telephone and computer equipment
(including modem), or other access device, necessary to access the Web Site.
You further certify that you are an individual (e.g., not a corporation). This
Web Site is owned and operated by us
and contains material which is derived in whole or in part from material
supplied and owned by Us and other
sources, and is protected by copyright, trademark, and other applicable laws.
You may not modify, copy, reproduce, republish, upload, post, transmit,
publicly display, prepare derivative works based on, or distribute in any way
any material from this Web Site including code and software
("Material"). You may download Material from this Web Site for your
personal, non‑commercial use only, provided you keep intact all copyright
and other proprietary notices. In the event that you download Material from the
Web Site, such Material is licensed to you by Us and Walsh does not transfer
title to any such Material to you.
2. Rules and
Guidelines.
(a) General. Our Prayer Request, Prayer
Response, E-mail and Newsletter areas
(the "Community Areas") are all currently provided for free. Walsh
reserves the right to change the nature of this relationship at any time. For
further information, please review the terms of our Privacy Policy. Violation of the terms of this Agreement may
result in the termination your right to use the Community Areas. Members under
the age of 18 must have parental consent before accessing the Community Areas,
and children under the age of 13 should not access the Community Areas, post or
otherwise use the Community Areas or the Free Web Sites.
(b) Rules for Community Areas and
Free Web Sites.
(1) Conduct Required for Use of All Web Sites. It is a condition of your use of the
Community Areas that you do not: (i) restrict or inhibit any other user from
using and enjoying the Community Areas; (ii) post or transmit any unlawful,
threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic,
profane or indecent information of any kind, including without limitation any
transmissions constituting or encouraging conduct that would constitute a
criminal offense, give rise to civil liability or otherwise violate any local,
state, national or international law; (iii) post or transmit comments
containing harassing or offensive language, including sexual references, sexual
nicknames, racial slurs or rude or deliberately offensive comments or engage in
disruptive activities online, including excessive use of scripts, sound waves,
scrolling (repeating the same message over and over), or use viruses, bots,
worms or trojan horses; (iv) post or transmit any information, software or
other material which violates or infringes the rights of others, including
material which is an invasion of privacy or publicity rights or which is
protected by copyright, trademark or other proprietary right, or derivative
works with respect thereto, without first obtaining permission from the owner
or right holder; (v) post or transmit any information, software or other
material which contains a virus or other harmful component; (vi) post or
transmit content that encourages or provides instructional activities about
illegal activities, in particular hacking, cracking or phreaking; (vii) post,
transmit or in any way exploit any information, software or other material for
commercial purposes or which contains advertising; (viii) solicit other users
to join, become members of, or contribute money to any online service or other
organization, advocate or attempt to get users to join in legal or illegal
schemes or plan or participate in scams involving other users; (ix) impersonate
any person or entity or falsely state or otherwise misrepresent your
professional or other affiliation with any person or entity; (x) resell,
redistribute, broadcast or transfer the information or use the information in a
searchable, machine‑readable database; or (xi) use the Web Site to
collect personally identifying information about users of the Web Site in
violation of our Privacy Policy. You agree that you will not use the Web Site,
including the information provided therein and all related equipment, networks
and network devices (specifically including Internet access) for any unlawful
purpose. We, at our sole and absolute discretion, shall determine whether any
information transmitted or received violates this provision.
(2) Monitoring. You
understand that we have no obligation to monitor the Community Areas. However,
we reserve the right at all times to disclose any information as necessary to
satisfy any law, regulation or governmental request, or to refuse to post or to
remove any information or materials, in whole or in part, that in our sole and
absolute discretion are objectionable or in violation of this Agreement. You
acknowledge that we reserve the right to, and may from time to time, monitor
any and all information transmitted or received through the Web Site, for
operational and other purposes. During monitoring, information may be examined,
recorded, copied, and used for authorized purposes in accordance with our
Privacy Policy. Use of the Web Site constitutes consent to such monitoring.
(3) License. Except
as set forth in the Privacy Policy, by uploading files, inputting data, or
engaging in any other form of communication (a "Communication")
through the Community Areas (other than personal E‑mails) you are
granting us a royalty free, irrevocable, perpetual, non‑exclusive,
unrestricted, worldwide license to (i) use, copy, sublicense, adapt, transmit,
publicly perform or display any such Communication, and (ii) sublicense to
third parties the unrestricted right to exercise any of the foregoing rights
granted with respect to such Communication. No Communication shall be subject
to any obligation of confidence on our part. The foregoing grants shall include
the right to exploit any proprietary rights in such Communication, including
but not limited to rights under copyright, trademark, servicemark, or patent
laws in any relevant jurisdiction.
(4) Community Areas. Communications posted in the
Community Areas are provided by users such as yourself who are unaffiliated
with us, and the user providing each such Communication is solely responsible
for the content thereof. In using the Community Areas, you should not assume
that we have reviewed such messages, that such Communications contain correct
information, or that the persons posting such Communications have accurately
identified themselves and/or their affiliation with any third party.
(5) Personal Safety. When using the Web Site, please be certain that anything you say
does not compromise your personal safety. Do not provide your name, phone
number or any other personally identifying information to people you do not
know. Do not continue any conversation online that makes you feel
uncomfortable.
3. Submissions.
We are pleased to
hear from users and welcomes your comments regarding our programs and services.
Our longstanding company policy does not allow it to accept or to consider
creative ideas, suggestions, or materials other than those it has specifically
requested. We hope that you will understand that the intent of this policy is
to avoid the possibility of future misunderstandings when projects developed by
our employees and agents might seem to be similar to creative works submitted
by users. Accordingly, while we value your feedback, we must ask that you do
not send original creative materials. If, at our request, you send certain
specific submissions, or without a request from us you send creative
suggestions, ideas, notes or concepts or other materials, they shall be deemed,
and shall remain, our property, and shall otherwise be subject to the
provisions of Section 2(d), above.
4. Disclaimer
of Warranties.
WE HAVE PROVIDED
LINKS AND POINTERS TO INTERNET SITES MAINTAINED BY THIRD PARTIES ("THIRD
PARTY SITES") AND MAY FROM TIME TO TIME PROVIDE THIRD PARTY MATERIALS ON
THIS SERVICE. NEITHER US NOR OUR AFFILIATES OR SUPPLIERS OPERATE OR CONTROL IN
ANY RESPECT ANY INFORMATION, PRODUCTS OR SERVICES ON THESE THIRD PARTY SITES.
THE MATERIALS IN THIS SERVICE AND THE THIRD PARTY SITES ARE PROVIDED "AS
IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE
FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON‑INFRINGEMENT.
WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS AND PRODUCTS
WILL BE UNINTERRUPTED OR ERROR‑FREE, THAT DEFECTS WILL BE CORRECTED, OR
THAT THIS SERVICE, INCLUDING THE PRAYER REQUEST AREAS, OR THE SERVER THAT MAKES
THEM AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT
WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE
OF THE MATERIALS IN THIS SERVICE OR IN THIRD PARTY SITES IN TERMS OF THEIR
CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE. You assume all
risk of errors and/or omissions in the Web Site, including the transmission or
translation of information. You assume full responsibility for implementing
sufficient procedures and checks to satisfy your requirements for the accuracy and
suitability of the Web Site, including the information, and for maintaining any
means which you may require for the reconstruction of lost data or subsequent
manipulations or analyses of the information provided hereunder. YOU ASSUME THE
ENTIRE COST OF ALL NECESSARY MAINTENANCE, REPAIR OR CORRECTION.
5. Limitation
of Liability.
IN NO EVENT SHALL
WE, OUR PARENT OR SUBSIDIARY COMPANIES OR OUR AFFILIATES OR SUPPLIERS BE LIABLE
FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER
DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SERVICE OR
WITH THE DELAY OR INABILITY TO USE THIS SERVICE, OR FOR ANY INFORMATION,
SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH THIS SERVICE, OR OTHERWISE
ARISING OUT OF THE USE OF THIS SERVICE, WHETHER BASED ON CONTRACT, TORT, STRICT
LIABILITY OR OTHERWISE, EVEN IF WE OR ANY OF OUR SUBSIDIARY COMPANIES,
AFFILIATES OR SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. YOU
SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WE, OUR PARENT OR SUBSIDIARY COMPANIES,
AFFILIATES OR SUPPLIERS SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR
ILLEGAL CONDUCT OF ANY USER OF THIS SERVICE. SOME STATES DO NOT ALLOW
LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT
APPLY TO YOU. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY
NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY
ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
6. Indemnification.
You agree to
defend, indemnify and hold harmless, us, our affiliates and their respective
directors, officers, employees and agents from and against any and all claims,
actions, suits or proceedings, as well as any and all losses, liabilities,
damages, costs and expenses (including reasonable attorneys fees) arising out
of or accruing from (a) any material posted or otherwise provided by you that
infringes any copyright, trademark, trade secret, trade dress, patent or other
intellectual property right of any person or defames any person or violates
their rights of publicity or privacy, (b) any misrepresentation made by you in
connection with your use of the Web Site; (c) any non‑compliance by you
with the terms and conditions of this Agreement; and (d) claims brought by
persons or entities other than the parties to this Usage Agreement arising from
or related to your access and use of the Web Site, including the information
obtained through the Web Site.
7. Termination.
This Agreement and
the license rights granted hereunder shall remain in full force and effect
unless terminated, suspended, or canceled for any of the following reasons: (a)
immediately upon receipt of written notice by Us of its intent to terminate
this Agreement, (b) upon thirty (30) days written notice by you to us that you
wish to terminate this Agreement; (c) immediately by Us for any unauthorized
access or use by you, including, without limitation (i) concurrent access of
the Web Site with identical user identification numbers, (ii) permitting
another person or entity to use your user identification number to access the
Web Site, or (iii) any other access or use of the Web Site except as expressly
provided in this Agreement; or (d) immediately, if you violate the terms and
conditions of this Agreement or the rules and regulations relating to the use
of, or tamper with or alter any of the software and/or data files contained in,
or accessed through, the Web Site. Termination, suspension, or cancellation of
this Agreement or your access rights shall not affect any right or relief to
which we may be entitled, at law or in equity. Upon termination of this
Agreement, all rights granted to you will terminate and revert to us and our
licensors.
8. Trademarks.
The logos are our
trademarks and all other trademarks, service marks and trade names used on the
Web Site are the property of their respective owners, and all of the above
trademarks may not be copied, downloaded or otherwise exploited without our
permission, or the owner of such trademark, service mark or trade name.
9. Minors.
If you have agreed
to allow your minor child, or a child for whom you are legal guardian (a
"Minor"), to register as a member of the Web Site, you agree that you
shall be solely responsible for: (a) the online conduct of such Minor; (b)
monitoring such Minor's access to and use of the Web Site; and (c) the
consequences of any use of the Web Site by such Minor.
10. Child Online
Privacy Protection Act Notification.
Pursuant to 47
U.S.C. Section 230(d) as amended, we hereby notify you that parental control
protections (such as computer hardware, software, or filtering services) are
commercially available that may assist you in limiting access to material that
is harmful to minors. Information identifying current providers of such
protections is available at the Electronic Frontier Foundation website,
http://www.eff.org/pub/Censorship/Ratings_filters_labelling/, and at the
America Links Up website, http://www.netparents.org/parentstips/browsers.html.
11. Infringement
Policy.
Pursuant to 17
U.S.C. Section 512 as amended by Title II of the Digital Millennium Copyright
Act (the "Act"), we reserve the right, but not the obligation, to
terminate your license to use the Web Site if we determine in our sole and
absolute discretion that you are involved in infringing activity, including
alleged acts of first‑time or repeat infringement, regardless of whether
the material or activity is ultimately determined to be infringing. We
accommodate and do not interfere with standard technical measures used by
copyright owners to protect their materials. In addition, pursuant to 17 U.S.C.
Section 512(c), we have implemented procedures for receiving written
notification of claimed infringements and for processing such claims in
accordance with the Act. Our designated agent to receive notification of
claimed infringement is
By mail:
By
phone:
By e‑mail:
In addition, any written notice regarding any defamatory or infringing
activity, whether of a copyright, patent, trademark or other proprietary right,
should be sent to our designated agent, listed above, and must include the
following information:
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. Similarly for other types of infringing materials, a list of such
materials.
C. Identification of the material that is claimed
to be infringing, to be the subject of infringing activity, or that is claimed
to be defamatory and that is to be removed or access to which is to be
disabled, and information reasonably sufficient to permit us to locate the material.
D. Information reasonably sufficient to permit us
to contact you, such as your address, telephone number, and/or electronic mail
address.
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 or other proprietary right owner, its agent, or the law.
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
or on behalf of the person defamed.
12. Modification.
We reserve the
right to amend this Agreement, and to modify, add or discontinue any aspect, content,
or feature of the Web Site. Such amendments, modifications, additions or
deletions shall become effective upon notice thereof, which may be provided to
you by posting on the Web Site, via e‑mail or any other reasonable means.
Continued use of the Web Site by you shall be deemed to indicate your
acceptance of any such amendments, modifications, additions or deletions.
13. Export Control
Information.
Unless otherwise
specified, the materials on this Web Site are presented solely to provide information
regarding and to promote the Web Site and other products available in the
United States, its territories, possessions and protectorates. This Web Site is
controlled and operated by Us from our offices within the state of Tennessee,
United States of America. We make no representation that materials on this Web
Site are appropriate or available for use outside the United States. Those who
choose to access this Web Site from outside the United States do so on their
own initiative and are responsible for compliance with local laws, if and to
the extent that local laws are applicable. Software from this Web Site is
further subject to United States export controls. No software from this Web
Site may be downloaded or otherwise exported or re‑exported
A. into (or to a national or resident of) Cuba,
Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S.
has embargoed goods, or
B. to anyone on the U.S. Treasury Department list
of Specially Designated Nationals or the U.S. Commerce Department's Table of
Deny Orders. By using the Web Site, you represent and warrant that you are not
located in, under the control of, or a national or resident of any such country
or on any such list.
14. Miscellaneous.
This agreement shall be governed by and construed in accordance with the laws of the State of Tennessee without giving effect to any principles of conflicts of law. You may not assign any of your rights, obligations or privileges hereunder without the prior written consent of Walsh. Any dispute arising from the terms of this Agreement or a breach of this Agreement will be governed the laws of Tennessee. By using the Web Site, you agree to the personal jurisdiction by the state and federal courts sitting in Davidson County, Tennessee. This Agreement constitutes the entire agreement between the parties with respect to the subject matter contained herein and supersedes all previous and contemporaneous agreements, proposals and communications, written or oral, between our representatives and you. Any assignment other than as provided for in this Section shall be null and void, ab initio. If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This Agreement and any posted operating rules constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter. No waiver by either party of any breach or default hereunder shall be deemed a waiver of any subsequent breach or default. The titles and subtitles used in this Agreement are used for convenience only and are not to be considered in construing or interpreting this Agreement.