Terms and Conditions of Use
Thank you for using Voice of the Faithful , Inc. (VOTF),
(the "Web site") which is provided by
Voice of the Faithful. This page states the terms and conditions
(the "Terms" or the "Agreement") under which you may use the Web
site. Please read this page carefully. By accessing the Web site
you accept and agree to be bound, without limitation or qualification,
by these Terms. If you do not accept any of the Terms stated here,
do not use the Web site. VOTF may, in its sole discretion, modify
or revise these Terms at any time by updating this web page. You
are bound by any such modification or revision and should therefore
visit this page periodically to review the Terms.
Section 1. Use of Material
The contents of this Web site, including but not limited to text,
software, photographs, graphics, illustrations, artwork, video,
music, sound, names, logos, trademarks, service marks and other
material ("Material") are protected by copyright and other laws
in both the United States and elsewhere. The Material includes both
content owned or controlled by VOTF and content owned or controlled
by third parties and licensed to VOTF.
VOTF authorizes you to view and download a single copy of the Material
on the Web site solely for your personal, non-commercial use. You
may not sell or modify the Material or reproduce, display, publicly
perform, distribute, or otherwise use the Material in any way for
any public or commercial purpose without the written permission
of VOTF. Special rules may apply to the use of certain software
and other items provided on the Web site. Any such special rules
are listed as "Legal Notices" on this Web site and are incorporated
into this Agreement by reference.
If you would like information about obtaining VOTF's permission
to use any of the Material on your Web site, e-mail firstname.lastname@example.org.
If you violate any of these Terms, your permission to use the Material
automatically terminates and you must immediately destroy any copies
you have made of the Material.
Section 2. No Warranties
THE WEB SITE AND MATERIAL ARE PROVIDED ON AN "AS IS" BASIS WITHOUT
ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. VOTF AND
ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM
ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE,
FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT
OF PROPRIETARY OR THIRD PARTY RIGHTS. VOTF AND ITS SUPPLIERS MAKE
NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR
TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE, TEXT, GRAPHICS,
VOTF DOES NOT WARRANT THAT THE WEB SITE WILL OPERATE ERROR-FREE
OR THAT THIS WEB SITE OR ITS SERVER ARE FREE OF COMPUTER VIRUSES
OR OTHER HARMFUL ITEMS. IF YOUR USE OF THE WEB SITE OR THE MATERIAL
RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA,
VOTF IS NOT RESPONSIBLE FOR THOSE COSTS.
MUCH OF THE MATERIAL ON THE WEB SITE IS PROVIDED BY THIRD PARTIES
AND VOTF SHALL NOT BE HELD RESPONSIBLE FOR ANY SUCH THIRD PARTY
Section 3. Limitation of Liability/Disclaimer of Damages
Your use of the Web site is at your own risk. If you are dissatisfied
with any of the Materials or other contents of the Web site or with
these Terms and Conditions, VOTF's Privacy
Policy, or other policies, your sole remedy is to discontinue
use of the Web site.
IN NO EVENT SHALL VOTF OR ITS SUPPLIERS BE LIABLE TO ANY USER OR
ANY THIRD PARTY FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION,
DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY
OR LOST PROFITS) RESULTING FROM THE USE OR INABILITY TO USE THE
WEB SITE OR THE MATERIAL, WHETHER BASED ON WARRANTY, CONTRACT, TORT,
OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT VOTF IS ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES.
Section 4. Communities
General. The Web site, among other things, contains certain discussion
forums, message board services, communities and/or other message
or communication facilities (collectively, "Communities"). Much
of the content of the communities, including without limitation
the descriptions for many Communities and the content within a specific
message or posting, is provided by and is the responsibility of
the third party creator of the Community or the person posting in
that Community. VOTF has no responsibility for such content and
is merely providing access to such content as a service to you.
BY THEIR VERY NATURE, COMMUNITIES MAY CARRY OFFENSIVE, HARMFUL,
INACCURATE OR OTHERWISE INAPPROPRIATE MATERIAL, OR IN SOME CASES,
POSTINGS THAT HAVE BEEN MISLABELED OR ARE OTHERWISE DECEPTIVE. WE
EXPECT THAT YOU WILL USE CAUTION AND COMMON SENSE AND EXERCISE PROPER
JUDGMENT WHEN USING COMMUNITIES.
Permitted Uses. You agree that you are responsible for your own
communications and for any consequences thereof. You agree to use
the Communities only to send and receive messages and material that
are legal, proper and related to the particular Community. By way
of example, and not as a limitation, you agree that when using a
Community, you will not:
Defame, abuse, harass, stalk, threaten or otherwise violate
the legal rights (such as rights of privacy and publicity) of
Publish, post, upload, distribute or disseminate or offer
to do the same (hereinafter "Post") any inappropriate, defamatory,
infringing, obscene, or unlawful material or information.
Post any material that infringes any patent, trademark, copyright,
trade secret or other proprietary right of any party (the "Rights"),
unless you are the owner of the Rights or have the permission
of the owner to post or transmit such material.
Post any files that contain viruses, corrupted files, or any
other similar software or programs that may damage the operation
of another's computer.
Advertise or offer to sell any goods or services for any commercial
purpose, other than in Communities intended for such uses.
Conduct or forward surveys, contests, pyramid schemes or chain
letters, other than in Communities intended for such uses.
Download any file Posted by another user of a Forum that you
know, or reasonably should know, cannot be legally distributed
in such manner.
Impersonate another person or entity, or falsify or delete
any author attributions, legal or other proper notices or proprietary
designations or labels of the origin or source of software or
other material contained in a file that is Posted.
Restrict or inhibit any other user from using and enjoying
No Obligation to Monitor. VOTF does not control the information
delivered to the Communities, and VOTF has no obligation to monitor
the Communities. However, VOTF reserves the right at all times to
disclose any information as necessary to satisfy any applicable
law, regulation, legal process or governmental request.
No Endorsement. VOTF does not endorse, support, represent
or guaranty the truthfulness, accuracy, or reliability of any communications
Posted in the Communities or endorse any opinions expressed in the
Communities. You acknowledge that any reliance on material Posted
in the Communities will be at your own risk.
VOTF's Rights. If notified by a User of communications which
allegedly do not conform to any term of this Agreement, VOTF may
investigate the allegation and determine in good faith and in its
sole discretion whether to remove or request the removal of the
communication. VOTF will have no liability or responsibility for
performance or non-performance of such activities. VOTF reserves
the right to terminate or restrict your access to any or all of
the Communities at any time without notice for any reason whatsoever,
including your violation of these terms. You acknowledge that some
Communities available through the Web site are available only through
the Web site and others are available both through the Web site
and other sources, such as Usenet, over which VOTF has absolutely
Privacy. You acknowledge that all Communities are public
and not private communications, and that therefore others may read
your communications without your knowledge. Always use caution when
giving out any personally identifying information about yourself
or your children in any Community. VOTF does not control or endorse
the content, messages or information found in any Community and,
therefore, VOTF specifically disclaims any liability with regard
to the Communities and any actions resulting from your participation
in any Community. Generally, any communication which you post to
the Web site (whether in discussion groups, message boards or otherwise)
is considered to be non-confidential. If particular Web pages permit
the submission of communications that will be treated by VOTF as
confidential, that fact will be stated on those pages. For more
License Grant. By posting communications on or through
the Web site, you automatically grant VOTF a royalty-free, perpetual,
irrevocable, non-exclusive license to use, reproduce, modify, publish,
edit, translate, distribute, perform, and display the communication
alone or as part of other works in any form, media, or technology
whether now known or hereafter developed, and to sublicense such
rights through multiple tiers of sublicensees.
Section 5. Copyright Infringement and Copyright Agent
VOTF may, in appropriate circumstances and at its discretion, remove,
or disable access to, material on the Web site that infringes on
the rights of others. If you believe that your work has been used
on the Web site in a manner that constitutes copyright infringement,
please provide VOTF's Copyright Agent with a written notice (e-mail
is sufficient) that includes the following information:
An electronic or physical signature of a person authorized
to act on behalf of the owner of the exclusive right that is
Identification of the copyrighted work claimed to have been
A description of where the material that you claim is infringing
is located on the Web site;
Your address, telephone number, and email address;
A statement by you that you have a good faith belief that
the disputed use is not authorized by the copyright owner, its
agent, or the law;
A statement by you, under penalty of perjury, that the information
in your notice is accurate and that you are the copyright owner
or authorized to act on the copyright owner's behalf.
VOTF's Copyright Agent for notice of claims of copyright infringement
on the Web site is Luise Dittrich, who can be reached by email at
Section 6. Links to Other Sites
The Web site contains links to third party Web sites that are maintained
by others. These links are provided solely as a convenience to you
and not as an endorsement by VOTF of the contents on such third-party
Web sites. VOTF is not responsible for the content of linked third-party
sites and does not make any representations regarding the content
or accuracy of materials on such third-party Web sites. If you decide
to access linked third-party Web sites, you do so at your own risk.
Section 7. Parental Control Software
Various parental control protections are available to help you ensure
that your children and other minors using your computer have not
been exposed to harmful material. We suggest that you review relevant
Web sites to learn more about current providers of this protection.
Section 8. Indemnity
You agree to defend, indemnify, and hold harmless VOTF, its officers,
directors, employees and agents, from and against any claims, actions
or demands, including without limitation reasonable legal and accounting
fees, alleging or resulting from your use of the Material (including
Software) or your breach of the terms of this Agreement. VOTF shall
provide notice to you promptly of any such claim, suit, or proceeding
and shall reasonably assist you, at your expense, in defending any
such claim, suit or proceeding.
Section 9. Export Control
The United States controls the export of products and information.
You agree to comply with such restrictions and not to export or
re-export the Materials (including Software) to countries or persons
prohibited under the export control laws. By downloading the Materials
(including Software), you are agreeing that you are not in a country
where such export is prohibited and that you are not on the U.S.
Commerce Department's Table of Denial Orders or the U.S. Treasury
Department's list of Specially Designated Nationals. You are responsible
for compliance with the laws of your local jurisdiction regarding
the import, export, or re-export of the Product.
Section 10. General
VOTF makes no claims that the Materials are appropriate for any
particular purpose or audience, or that they may be downloaded outside
of the United States. Access to the Materials (including Software)
may not be legal by certain persons or in certain countries. If
you access the Web site from outside of the United States, you are
responsible for compliance with the laws of your jurisdiction.
This Company is headquartered in Massachusetts. All legal issues
arising from or related to the use of the Web site shall be construed
in accordance with and determined by the laws of the Massachusetts.
By using this Web site, you agree that the exclusive forum for the
bringing of any claims or causes of action arising out of or relating
to your use of this Web site is the United States District Court
for the District of Massachusetts, or if such court lacks subject
matter jurisdiction, the Trial Court of Massachusetts. You hereby
accept and submit to the jurisdiction of such court in any such
proceeding or action, and irrevocably waive, to the fullest extent
permitted by law, any objection which you may now or hereafter have
to the laying of the venue of any such action or proceeding brought
in such a court and any claim that any such action or proceeding
brought in such a court has been brought in an inconvenient forum.
If any provision of this Agreement is found to be invalid by any
court having competent jurisdiction, the invalidity of such provision
shall not affect the validity of the remaining provisions of this
Agreement, which shall remain in full force and effect. No waiver
of any term of this Agreement shall be deemed a further or continuing
waiver of such term or any other term. Except as expressly provided
in a particular "Legal Notice" for Software or material on particular
web pages, this Agreement constitutes the entire Agreement between
you and VOTF with respect to the use of Web site. Any changes to
this Agreement must be made in writing, signed by an authorized
representative of VOTF.