Terms and Conditions
Last Updated: 03/23/2020
RESTRICTIONS ON USE OF WEBSITE
COPYRIGHTS; RESTRICTIONS ON USE
Welcome to the wmscog.com website (collectively and/or as may be applicable, the “Website”). The term “Church” shall refer to World Mission Society Church of God A NJ Corporation, Inc. The terms “you” and/or “User” shall refer to the user and/or viewer visiting this Website, and his/her/its heirs, related entities, successors, assigns, shareholders, directors, officers, members, employees and agents.
These Terms and Conditions govern your use and access of the Website. You may only use and access this Website in accordance with these Terms and Conditions.
PLEASE READ THE AGREEMENT CAREFULLY, AS IT CONTAINS INFORMATION CONCERNING YOUR LEGAL RIGHTS AND LIMITATIONS, AS WELL AS THE APPLICABLE LAW AND JURISDICTION RELATING TO DISPUTES ARISING FROM THIS AGREEMENT AND/OR YOUR USE OF THE WEBSITE. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT USE THIS WEBSITE AND MUST EXIT THIS WEBSITE IMMEDIATELY.
The situating of the Website on the World Wide Web and/or Internet constitutes a continuing offer by the Church to you to Use, as such term is defined below, the Website according to the Agreement. By utilizing the Website in any manner, including, without limitation, by viewing the same (collectively, a “Use”), you accept that offer and these terms and conditions and form a binding contract between the Church and you to adhere to the same. You stipulate that sufficient consideration exists to create that contract, and that it is therefore binding upon you. Further, by your Use of the Website, you make the material representation upon which you wish the Church to reasonably rely that you will adhere to the Terms and Conditions and the other terms constituting these Terms and Conditions in connection with your Use of the Website. If you are dissatisfied with any aspect of the Agreement, your sole and exclusive remedy is to discontinue Using the Website.
Please note that the Church retains the right to change the contents of the Website, these Terms and Conditions, and/or the Agreement at any time, without notice. Any such changes shall be effective immediately upon posting, unless otherwise stated. Your continued Use of the Website constitutes acceptance of those changes. Be sure to return to this page periodically to review the most current version of the Agreement, noting the “Last Updated” date indicated.
Except as otherwise provided herein, nothing contained on the Website shall be construed as a representation to be reasonably relied upon. In no event shall anything on the Website be construed either to create a duty of care or to constitute a representation by the Church of any sort to be relied upon by you in any manner whatsoever. As further set forth herein, the Church takes no responsibility for the information contained on any website to which this Website may be linked. Without limitation, the Church undertakes no obligation to update or maintain the Materials (as defined below) and other information contained within the Website.
LICENSE AND ACCESS
Subject to your compliance with this Agreement, the Church grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal use of the Website for the purpose of ascertaining information about the Church and our beliefs and community service (the “Permitted Use”). You are also granted a limited license to print copies of any Materials (as defined below) posted on the Website, but only for the Permitted Use.
You are not permitted to download (other than page caching), modify, copy, reproduce, republish, upload, post, transmit, sell, offer for sale or distribute, in any way any portion of the Website or website content, any photographs, text, software, pictures, graphics, articles, columns, postings, video clips, audio clips, digital downloads, data, messages, contents or other information posted on the Website (collectively, the “Materials”). The sole exception that you may download any Website materials that are intentionally made available for downloading and/or print copies of the Website materials, so long as it is for your personal, noncommercial use. You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes any portion of the Website. Without limitation, you shall not offer any part of the Website or any of the Materials for sale or distribute it over any other medium of any kind, whether now known or hereinafter discovered, including, without limitation, over-the-air television, radio broadcast, computer or Internet broadcast, or hyperlink framing on the Internet without the prior written consent of the Church. All rights not expressly granted to you in these Terms and Conditions are reserved and retained by the Church. The licenses granted herein terminate immediately if you do not comply with the Agreement.
RESTRICTIONS ON USE OF WEBSITEYou may NOT, without the express prior written authorization of the Church:
(a) utilize any information that you gain as a result of using the Website to illegally or improperly violate another person’s or entity’s privacy rights;
(b) utilize the Website in regard to any commercial activities, advertising or sales without the prior written consent of the Church, which may be unreasonably withheld;
(c) forge headers or otherwise manipulate web pages or other aspects of the Website;
(d) frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including, without limitation, images, text, page layout, or form) of the Church without express written consent.
(e) restrict any other user from properly using the Website, including without limitation, by way of “computer hacking” or otherwise altering the software or functionality of the Website and its underlying programs;
(f) imply that any of your statements are endorsed by the Church, or that you are otherwise associated with the Church in any manner;
(g) upload or disseminate any viruses, worms, Trojan horses or other harmful or malicious code to the Website;
(h) use the Website if you are not able to form legally binding contracts, are under the age of majority in the State from where you are accessing this Website, or are temporarily or indefinitely suspended from the Website;
(i) collect any information about users of the Website;
(j) create a database utilizing any information found within the Website;
(k) duplicate, create derivative works of or otherwise violate the copyright of this Website or the Church;
(l) share information about users of the Website without their express consent;
(m) utilize any of the Church’s trademarks as metatags on other websites or otherwise use the Church’s trademarks for your own advertising or pecuniary gain, including without limitation, utilization as Google® AdWords;
(n) remove, alter or amend any copyright or other proprietary notices from this Website;
(o) circumvent any encryption or other security tools used anywhere on this Website; and/or
(p) use any robot, spider or other intelligent agent software or device to access or monitor the Website in any manner.Furthermore, you agree to cooperate with the Church in preventing any unauthorized Use of the Website. If you recognize or incur any problems using the Website, any violations of these Terms and Conditions or any offensive content, please contact the Church at firstname.lastname@example.org.
ABUSE OF THE WEBSITE
In addition to Church’s other rights to terminate your Use of the Website, and without limitation, if, in the Church’s sole discretion, it determines that you are creating potential liabilities, or acting inconsistently with these Terms and Conditions, the Church may, without limitation, prohibit access to the Website, terminate any licenses or other agreements in place between the Church and you, and take technical and legal steps to keep you off the Website. Users may identify abuse of the Website and notify the Church of the same. Notwithstanding the foregoing, you otherwise acknowledge and agree that it is in the Church’s sole discretion as to whether or not to investigate or respond to any allegation of abuse, and that it shall not be obligated to do so. The Church reserves the right to investigate and take appropriate legal action against any violation of these Terms and Conditions. Notwithstanding the foregoing, you acknowledge and agree that the Church can terminate your right to Use this Website or any portion thereof at will, without notice and without cause.
You hereby make the material representations, upon which you agree the Church may and will rely: (i) you are at least of the age of majority in the State from where you are accessing this Website; (ii) you are a resident of the United States; (iii) you are authorized to view and provide information on the Website; (iv) if Using this Website on behalf of an organization, that you have authority to bind the organization to these Terms and Conditions.
The Church welcomes your feedback. However, please be aware that by submitting content to the Church through this Website, by e-mail or otherwise, including any commentary, questions, photographs or videos, comments, suggestions, ideas or the like contained in any submissions (collectively, “Submissions“), acknowledge that the Church is undertaking no duty or other obligation to you. Moreover, in preparing Submissions, you further acknowledge that any online portal within the Website that allows for Submissions may not be secure, and the Church undertakes no obligation in that respect.
The Website may require third-party components in order to work properly, including, but not limited to operating systems and hardware. THE INSTALLATION AND USE OF THOSE THIRD-PARTY COMPONENTS MAY BE GOVERNED BY ADDITIONAL LICENSE AGREEMENTS WITH THOSE THIRD-PARTIES. You may be required to accept these additional license agreements in order to meet the software system requirements. These system requirements may be supplemented or modified by the Church at its discretion. You acknowledge that you are solely responsible for obtaining, installing, maintaining and operating any third party components and your use of the same are AT YOUR OWN RISK. The same may be governed by additional agreements. Nothing herein shall be deemed to constitute an endorsement by the Church of third party components. The Church shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by any such third party components.
COPYRIGHTS; RESTRICTIONS ON USE
The Website and the all of the contents and materials located thereon (collectively, the “Materials”) are copyrighted by the Church, its parent organizations, affiliates or its licensors under United States and international copyright laws, are subject to other intellectual property and proprietary rights and laws, and are owned by, or licensed to, the Church, its parent organizations, affiliates or its licensors.
The Website as a whole, should be treated and protected as a collective work and/or compilation under US Copyright, international conventions and other laws. Moreover, all individual articles, postings, videos and elements contained in the Website are also the Church’s copyrighted works. You must abide by all copyright notices, information or restrictions contained in or attached to any Website material.
Certain names, logos and materials displayed on the Website, including without limitation “World Mission,” and “World Mission Society Church of God” constitute trademarks, trade names, service marks or logos of the Church or other related entities (“Marks“). You are not authorized to adopt or register any such Marks or any variations thereof. Ownership of all such Marks and the goodwill associated therewith remains with the Church or other related entities.
COMMUNICATIONSThe Church specifically reserves the right, and you hereby authorize the Church, to monitor transmissions over the Website and its related networks for maintenance, service quality control assurance or any other purpose permitted by the Electronic Communications Privacy Act, 18 U.S.C. §2701, et. seq. The Church takes no responsibility for information sent to it that is intercepted by third parties.
Any and all notices or other communications, if any, that are to be given to the Church under this Agreement must be in writing, which shall be given by delivery to the address set forth below, by way of either personal delivery, regular mail, certified mail, return receipt requested, two-day or overnight delivery by a commercial carrier, facsimile transmission or email. Moreover, any notice sent by certified mail, return receipt requested, two-day or overnight delivery by a commercial carrier or facsimile transmission (with self-generated confirmation of receipt) shall be deemed given upon sending. Notices by personal delivery shall be deemed given upon delivery. Notices by email shall be deemed effective twenty-four (24) hours after the message was sent, so long as no “System Error” message or other notice of non-delivery is generated. Notices by regular mail shall be effective when received at the address to which they are sent. Notices shall be addressed as set forth below, which may be modified from time to time.
The address for giving notice to the Church is as follows:
World Mission Society Church of God, A NJ Nonprofit Corporation, Inc.
305 Godwin Avenue
Ridgewood, New Jersey 07450
Notices to you, including but not limited to service of process initiating any proceeding related to this Agreement, if any, shall be provided by the Church via email or any other address which the Church reasonably believes to be associated with you, or by posting said notice on the Website. Notice shall be deemed effective upon delivery of the same. By accessing and/or using the Website, you acknowledge and agree that you are communicating with the Church electronically, and consent to receive communications from the Church electronically. You acknowledge and agree that all agreements, notices, disclosures, and/or other communications that the Church may provide to you electronically are effective; satisfy any legal requirement that such communications be in writing; and shall be deemed delivered to you. Without limitation, you specifically waive any objection or challenge respecting service of process so long as such documents and notices are delivered pursuant to the terms of this section.
In the event of any dispute between the Church and you, wherein the Church exercises its rights or defends itself from claims asserted by you, including without limitation, in any dispute relating to Federal, state or local statute, regulation or ordinance, tort claims, or any actions enforce these Terms and Conditions and/or the Agreement, the Church will be entitled to recover from you, and you hereby agree to pay, any and all attorneys’ fees and any costs incurred in connection with the same, in addition to any other relief at law or in equity to which such party may be entitled. In such event, the Church shall be entitled to recover all costs including both actual pre-judgment and post-judgment attorneys’ fees and costs, involved directly or indirectly in its enforcement efforts, whether or not it does so through institution of formal legal proceedings. In furtherance of these rights, and without limitation, you acknowledge and agree that the Church shall be entitled to recoup its attorneys’ fees and shall have a viable claim for the same even if, they have not established damages other than the incurrence of those fees, resulting from the enforcement of this Agreement.
PROTECTION OF CHILDRENNo one under the age of eighteen (18) is permitted to use the Website without the involvement of a parent or guardian. If you are a parent and believe the Church may have inadvertently collected such information from your child, please notify the Church immediately by sending an email to email@example.com. Moreover, you should be aware of the fact that parental control protection services (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that it considers to be harmful to minors. For convenience sake only, examples of some such service providers are listed below. However, the Church does not accept any liability for the products and services provided by any third parties. Nor does the following listing constitute, in any way, an endorsement of these products by the Church. Rather, it is being provided only as an example and for your convenience.
- Net Nanny – available at http://www.netnanny.com
- Qustodio – available at https://www.qustodio.com
- KidLogger – available at http://kidlogger.net
You explicitly agree that your Use of the Website is at your own and sole risk. THE WEBSITE AND ALL MATERIALS CONTAINED THEREIN ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT, ALL OF WHICH ARE HEREBY SPECIFICALLY DISCALIMED. Neither the Website nor the Church make any representations or warranties that the Website will operate in a timely, secure or error free manner; nor does the Website or the Church make any representations or warranties as to the quality, fitness, truth, accuracy, currency, reliability or wholeness of the Website or any of the materials contained herein. The Website may be modified or discontinued at any time with or without reason and with or without notice to you, without liability to you or any third party. You also understand and agree that any material and/or data downloaded or otherwise obtained through the Use of the Website is done at your own discretion and risk. You will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data. You understand that the Church cannot and does not guarantee or warrant that files available for downloading from the Internet will be free of viruses, worms, Trojan horses or other code that may manifest contaminating or destructive properties. The Church makes no warranty regarding any use or disclosure of confidential or private information you may provide. The Church may change any of the Terms and Conditions found on the Website at any time, without notice. The Church makes no commitment to update or keep current the information found on the Website. Some jurisdictions do not allow the elimination of certain warranties, and thus, one or more of the above exclusions may not apply to you. However, this shall be limited and only those prohibited by that jurisdiction shall be excluded and severed from the remainder of the other warranties, limitations and exclusions which shall remain in full force and effect to the maximum extent permitted by law.
SUCCESSORS AND ASSIGNS
The Parties stipulate that the benefits and rights of this Agreement shall inure to their heirs, agents, successors and assigns.
YOU AGREE THAT THE AGREEMENT IS MADE AND DELIVERED IN, AND SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NEW JERSEY (WITHOUT GIVING EFFECT TO PRINCIPLES OF CONFLICTS OF LAWS OF THE STATE OF NEW JERSEY OR ANY OTHER STATE). YOU HEREBY IRREVOCABLY AND UNCONDITIONALLY CONSENT TO SUBMIT TO THE EXCLUSIVE JURISDICTION AND VENUE OF THE STATE COURTS OF STATE OF NEW JERSEY IN BERGEN COUNTY, AND IF JURISDICTION EXISTS, AT THE OPTION OF EITHER PARTY, IN THE FEDERAL COURTS FOR THE UNITED STATES DISTRICT COURT, DISTRICT OF NEW JERSEY (NEWARK VICINAGE) FOR ANY ACTION, PROCEEDING OR INVESTIGATION IN ANY COURT OR BEFORE ANY GOVERNMENTAL AUTHORITY (A “LITIGATION”) FOR ACTIONS ARISING OUT OF OR RELATING TO THE AGREEMENT AND THE TRANSACTIONS CONTEMPLATED HEREBY, AS WELL AS ANY OTHER CLAIMS OR DEFENSES DIRECTLY OR INDIRECTLY RELATED TO THE SUBJECT MATTER OF THE AGREEMENT (AND AGREES NOT TO COMMENCE ANY LITIGATION RELATING THERETO EXCEPT IN SUCH COURTS). Nevertheless, the Church shall have the right to institute an action for equitable relief against you in any court, anywhere in the world, as Church deems necessary. The jurisdiction provisions of this Agreement shall not be deemed to limit that right. You stipulate and agree that the Website shall be deemed a passive website such that it does not give rise to personal jurisdiction, either specific or general, over the Website or the Church in any jurisdiction other than New Jersey. You agree that regardless of any statute or law to the contrary, except as may be prohibited by law, any claim or cause of action by you arising out of or related to use of the Website must be filed within one (1) year after such claim or cause of action arose or be forever barred.
You covenant and agree to perform all further acts and execute all supplementary instruments or documents which may be requested by the Church to carry out the provisions and effectuate the intent of these Terms and Conditions.
The Church may freely assign its rights and obligations in and to these Terms and Conditions. You acknowledge that you may not assign, transfer or sell your rights or obligations under these Terms and Conditions without the Church’s advance express written consent, which may be unreasonably withheld at the Church’s sole discretion. Any purported assignment in violation hereof shall be null and void and of no force and effect, and furthermore shall constitute a breach of these Terms and Conditions.
Pursuant to California Civil Code Section 1789.3, California residents are hereby advised of the following: (a) the Church is located at 305 Godwin Avenue, Ridgewood, New Jersey 07450 and can be reached at firstname.lastname@example.org; (b) these Terms and Conditions have provided you with advance notice of any applicable charges resulting from or related to your Use of the Website and/or its services; (c) you may contact the Church at the address or email address indicated above to resolve a complaint or receive further information regarding any aspect of the services provided by the Website; and (d) the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Boulevard, Suite N 112, Sacramento, California 95834 or via telephone at 800-952-5210.
LINKS TO OTHER SITES
You acknowledge and agree that Church has no responsibility for the accuracy or availability of information provided by websites to which the Website may be linked and/or referred or displayed on the Website (“Linked Sites”). Links to Linked Sites are provided as a convenience to you, and do not constitute an endorsement by or association with the Church of such sites or the content, products, advertising or other materials presented on such sites. The Church does not author, edit or monitor these Linked Sites. You acknowledge and agree that the Church is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on such Linked Sites. If you access any Linked Sites, you do so at your own risk.
PROHIBITED BY LAW
The Church does not represent that the Website is appropriate or available for use in any particular geographic location. You are accessing the Website on your own initiative. In the event that any aspect of the Website or these Terms is prohibited by law in your jurisdiction, you agree not to use the Website. It is solely your responsibility to determine whether you are allowed by law to participate in the Website. Without limitation, you release the Church from all liability that could arise from your prohibited participation in the Website. Moreover, you shall indemnify, defend and hold the Church harmless for any and all damages relating to a violation of this paragraph or any violation of the law by you.
In light of the international scope of the Internet, you agree to comply with all local laws, rules and regulations, including but not limited to those applicable to online conduct and acceptable Internet content. Without limitation, you acknowledge and agree that you shall comply with all applicable laws and regulations regarding the transmission of technical data from the United States or the country in which you may reside.
If you have any questions or concerns about these Terms and Conditions, please do not Use the Website and kindly contact the Church at email@example.com.