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TERMS OF USE
The following terms and conditions govern your use of www.spiritandword.org
(the “Site”), as well as all services related to the Site. The operator of this website is
Spirit & Word, Inc. (the “Company,” “us,” “our,” or “we”). By using the Site, you agree
to be bound by these Terms of Use (the “Agreement”). If you do not agree to these
Terms of Use, please do not use this Site.
BY CLICKING THE ACCEPTANCE BUTTON OR ACCESSING, USING OR
INSTALLING ANY PART OF THE SERVICE, USER EXPRESSLY AGREES
TO AND CONSENTS TO BE BOUND BY ALL OF THE TERMS OF THIS
AGREEMENT. IF USER DOES NOT AGREE TO ALL OF THE TERMS OF THIS
AGREEMENT, THE BUTTON INDICATING NON-ACCEPTANCE MUST BE
SELECTED, COMPANY WILL PROMPTLY CANCEL THIS TRANSACTION AND
USER MAY NOT ACCESS, USE OR INSTALL ANY PART OF THE SERVICE.
If you have any questions regarding the meaning or application of this Agreement, please
direct your questions to:
SPIRIT & WORD MINISTRIES, INC.
c/o S & V Acceptance, LLC
7920 East Thompson Peak Parkway
Suite 150
Scottsdale, AZ 85255
[email protected]
There will be no charge to use the site or to post on the website. Contributions are
accepted to offset the costs of operation and to build funds for charitable distribution.
Spirit & Word Ministries, Inc. is a non profit, charitable corporation with a 501 (c)(3)
designation.
Access to the Web Site
This Agreement grants you a limited, revocable, nonexclusive license to access the
Site for your own personal use. You may not sub-license your rights to a third party,
and this license does not extend to any collection, aggregation, copying, duplication,
display or derivative use of the Site nor any use of data mining or similar data gathering
and extraction tools for any purpose unless expressly permitted by Spirit & Word.
A limited exception is provided to general purpose internet search engines and non-
commercial public archives that use such tools to gather information for the sole purpose
of displaying hyperlinks to this Site, provided they each do so from a stable IP address or
range of IP addresses using an easily identifiable agent.
From time to time the Site may be inaccessible or inoperable for any reason, including,
without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures
or repairs which Company may undertake from time to time; or (iii) causes beyond the
control of Company or which are not reasonably foreseeable by Company.
SPIRIT AND WORD
In order to post on our Site, you will need to create a Spirit and Word account. When
creating your account, you must provide accurate and complete information. You
are solely responsible for the activity that occurs on your account, whether expressly
authorized by you or not. You are responsible for keeping your account password secure.
You may change your password at any time by updating your Account Profile. In
addition, you agree to immediately notify Spirit & Word of any unauthorized use of your
password or account or any other breach of security. Spirit & Word cannot and will not
be liable for any loss or damage arising from your failure to comply with this Section or
to secure your account and password, including but not limited to selecting a password
that is easily compromised. You are not allowed to use another customer’s account
without that customer’s permission. Unless previously notified otherwise, we will
assume that anyone visiting our Site with a correct account and password combination is
an authorized user of that account.
By registering with Spirit & Word, you represent that you are of legal age and capacity
to enter into a binding contract and are not a person barred by any laws from using
the our Site. You agree to provide true, accurate, current and complete information
about yourself in all required fields of the registration form. If any of your information
changes, you agree to update your registration information as soon as possible. If we
have reason to suspect that your registration information is not complete, current, or
accurate, or that you have otherwise violated this Agreement, your account will be
subject to suspension or termination, in our sole discretion, and you may be barred from
using our Site.
Modification of Terms of Use/ Modification of Website
We reserve the right to change these Terms of Use at any time. We will announce
any changes by posting a revised draft of these Terms of Use on the Site. You can
determine when these Terms of Use were last revised by referring to the “Last Updated”
information contained herein. By continuing to use the Site following such changes, you
will be deemed to have agreed to such changes. You agree to review these Terms of Use
periodically to be aware of any such changes. Your use of certain services on the Site
may be governed by additional rules, which will be available on the Site. By using any
service you acknowledge that you have reviewed all rules for the service in question and
agree to be bound by them.
We also reserve the right, at any time, to: change or discontinue any content or feature
of the Site or any services or products made available through the Site without notice;
charge fees in connection with the use of the Site; modify and/or waive any fees charged
in connection with the Site; and/or offer opportunities to some or all users of the Site.
You agree that we will not be liable for any modification, suspension or discontinuance
of the Site or of any service, content, feature or product offered through the Site. Your
continued use of the Site after such changes will indicate your acceptance of such changes.
From time to time, in our sole and absolute discretion, without any notice or liability to
you, we may change, move or delete portions or features of the Site, or we may add new
areas or features to the Site. We may introduce a new service and the fees for that service
are effective as of the date that service becomes available on the Site. Unless otherwise
stated, all fees are quoted in U.S. dollars and you are responsible for paying all fees
associated with using our service and the Site.
Site Conduct
The Site is intended to be used for lawful purposes only. You may have the opportunity
to post, transmit or otherwise make available information, opinions, ideas, images or
other content on the Site. We reserve the right to remove any content posted on our site
for any reason. Decisions as to whether content violates our standards will be made in our
sole discretion after we have actual notice of such posting. Without limiting our rights
hereunder, we have attempted to provide guidelines to those posting on our site. When
using the Site:
You may not post or transmit any material or content on or through the Site:
that violates or infringes in any way upon the rights of others;
that discloses private personally identifying information of another person that
could lead to identity theft;
that discloses confidential, proprietary information or trade secrets;
that solicits, encourages, or promotes the use of illegal substances or activities;
which is unlawful, threatening, abusive, harassing, defamatory, libelous,
blasphemous, derogatory, constitutes invasive of privacy or publicity rights,
is fraudulent or tortuous, vulgar, obscene, pornographic, bigoted or hateful,
intimidating, profane, scandalous, pornographic, indecent or otherwise
objectionable;
that is protected by copyright, trademark, trade secret or any other proprietary
right;
that expresses or implies that any statements you make are endorsed by us,
without our prior written consent; or
that gives rise to civil or criminal liability, encourages conduct that constitutes a
criminal offense or otherwise violates any local, state, or federal law.
You may not post or transmit on or through the Site:
• promotional materials relating to other website or online services which are
competitive with us and/or the Site;
• software or other materials that contain viruses or other programs harmful or
disruptive to the Site or other websites;
• political campaign materials; chain letters; mass mailings; spam mail;
• any robot, spider, site search/retrieval application, or other manual or automatic
device or process to retrieve, index, "data mine," or in any way reproduce or
circumvent the navigational structure or presentation of the Site or its contents.
You may not:
• misrepresent the quality or characteristic of a product that you offer for sale;
• misrepresent who you are or impersonate another person;
• offer contracting services unless you have any required contracting license;
• engage in any activity on the Site that restricts or inhibits any other user from
using or enjoying the Site such as "hacking," “hijacking,” "cracking," "spoofing,"
or defacing any portion of the Site;
• harvest or collect information about Site visitors or Registered Users without their
express consent;
• use the Site to defame, abuse, stalk, threaten or otherwise violate the legal rights
of others or for any fraudulent purpose;
• reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial
purposes, any portion of, use of, or access to the Site;
• create a database by systematically downloading and storing Site content;
• frame or mirror any part of the Site without our prior written consent;
• interfere with or disrupt the operation of the Site or the servers or networks used
to make the Site available; or violate any requirements, procedures, policies or
regulations of such networks.
User Comments, Feedback and other Submissions
By submitting, disclosing, posting, transmitting or uploading any files, messages or
data or engaging in any other form of communication to or with the Site, you warrant
and represent that you are the owner of those communications or that you have all
rights necessary to submit, disclose, post, upload, transmit and otherwise use any such
communications for your intended purpose. By posting information or content to the
Site, you grant, and you represent and warrant that you have the right to grant, to Spirit &
Word an irrevocable, perpetual, fully-paid, worldwide non-exclusive license to use, copy,
perform, display and distribute such information and content and to prepare derivative
works of, or incorporate into other works, such information and content, and to grant and
authorize sublicenses of the foregoing.
We do not and cannot review all materials posted to the Site by users and we are not
responsible for any such materials posted by users. However, we reserve the right at all
times to disclose any information necessary to satisfy any law, regulation, government
request or court order to edit, refuse to post or to remove information or materials in
whole or in part, that are the subject of a complaint or a report of abuse or that in our sole
discretion are objectionable or in violation of this Agreement or as otherwise required by
law or court order.
Copyrights, Trademarks and other Intellectual Property Rights
All materials, including images, illustrations, designs, icons, photographs, text, software,
graphics, videos, music and sound that are part of the Site are protected by U.S. and
state copyright laws, international treaties and other intellectual property laws. All copyrighted or trademarked material or other intellectual property used on the Site is
owned by us or others who have given us permission to use their protected intellectual
property. The Site as a whole is also protected by copyright law and is owned by us.
The materials on the Site, and the Site as a whole, are intended solely for your personal,
noncommercial use. You may download or copy the downloadable materials displayed
on the Site for your personal use only. No right, title or interest in any downloaded
materials or software is transferred to you as a result of any such downloading or
copying. You may not reproduce (except as noted above), publish, transmit, distribute,
display, modify, create derivative works of, sell or participate in any sale of, or exploit
in any way, in whole or in part, any of the intellectual property on the Site, the Site as
a whole, or any related software without the prior written permission of Spirit & Word
or the owner of that intellectual property. Further, you may not frame any of the Site
content, deep-link to the Site, trespass or scrape the Site with automated agents without
prior written consent of Spirit & Word.
If you believe any of the content on our Site infringes the intellectual property rights of
another, you may send us a notice of alleged infringement that complies with the Digital
Millennium Copyright Act. Please see our DMCA Notice for more information.
Limited Warranty/Disclaimer of Liability
THIS SITE AND ITS CONTENTS ARE PROVIDED "AS IS" WITHOUT
WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING
WITHOUT LIMITATION ANY WARRANTY AS TO THE ACCURACY,
AVAILABILITY, COMPLETENESS, RELIABILITY, TITLE, CURRENCY
OR CONTENT OF ANY INFORMATION OR MATERIAL PROVIDED
BY OR THROUGH THIS SITE, AND THE IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOUR USE
OF OUR SITE IS AT YOUR SOLE RISK. YOU ASSUME FULL RESPONSIBILITY
FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR
REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE
OF THE SITE, AND THAT SPIRIT & WORD SHALL NOT BE LIABLE FOR ANY
DAMAGES OF ANY KIND RELATED TO YOUR USE OF THE SITE.
IN NO EVENT SHALL SPIRIT & WORD, OR ANY PARENT, SUBSIDIARY,
AFFILIATE, DIRECTOR, OFFICER, EMPLOYEE, LICENSOR, DISTRIBUTOR,
SUPPLIER, AGENT, RESELLER, OWNER, SUCCESSOR-IN-INTEREST OR
OPERATOR OF SPIRIT & WORD, BE LIABLE TO YOU FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL
DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES,
OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY
DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR
ACCESS TO AND USE OF OUR SITE, (III) ANY UNAUTHORIZED ACCESS
TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL
INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION
OF TRANSMISSION TO OR FROM OUR SITE, (IV) ANY VIRUSES, TROJAN
HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH
OUR SITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS
IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED
AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED,
TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE,
WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER
LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF
LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN
THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT SPIRIT & WORD SHALL NOT BE
LIABLE FOR USER SUBMISSIONS OR FOR ANY DEFAMATORY, OFFENSIVE,
OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF
HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Site may contain hyperlinks to web sites operated by parties other than Spirit &
Word, which are provided for reference only. We do not control such web sites are not
responsible for their contents or operation. Your use of such web sites is entirely at your
own risk.
Third-Party Content and Services Provided by Members
The Site contains content supplied by parties other than Spirit & Word. Any opinions,
advice, judgments, statements or other information or content expressed or made
available by such third parties, are those of the respective author(s) and not of Spirit &
Word. Spirit & Word makes no guarantees to the accuracy, completeness or usefulness
of any content, nor its merchantability or fitness for a particular purpose.
Spirit & Word is not responsible for the actions or inactions of any users of the Site.
Indemnification
You agree to indemnify, defend and hold harmless Spirit & Word and our directors,
officers, employees, agents and shareholders, and defend any action brought against us or
them with respect to any claim, demand, cause of action, debt or liability, including but
not limited to reasonable costs and attorneys’ fees, arising out of the use of our site, or the
violation of any of the provisions of this Agreement, by you or anyone accessing our Site
under your account.
Governing Law and Jurisdiction
This Agreement is entered into in the State of Arizona and is governed by the laws of
the State of Arizona and by the federal laws of the United States, without reference to
conflict of laws principles. You agree to the exclusive jurisdiction of the state and federal
courts in Maricopa County, Arizona, to adjudicate any dispute arising out of or relating
to this Agreement or your use of our Site. You also expressly consent to the personal
jurisdiction of the state and federal courts in Maricopa County, Arizona, for any such
action.
General Provisions
If any provision of this Agreement is held to be invalid or unenforceable, such provision
shall be stricken from this Agreement and the remaining provisions shall be enforced.
Our failure to act with respect to any breach of this Agreement by you is not a waiver
of our right to act with respect to subsequent or similar breaches. You may not assign
or transfer this Agreement or your rights hereunder, and any attempt to do so is void.
Spirit & Word shall not be liable for any delay or failure to perform resulting directly
or indirectly from any causes beyond its control. You must comply with all applicable
laws and regulations relating to your access to and use of the Site. This Agreement sets
forth the entire understanding and agreement between us with respect to the subject
matter hereof and supersedes any prior understandings or agreements with respect to such
subject matter.
Termination / Cancellation
Spirit & Word may terminate your use of the Site, including without limitation, your
account with the Site, at any time, in our sole discretion. Upon any such termination,
your right to use the Site will immediately cease. You agree that any termination of your
access to or use of the Site may be effected without prior notice.
Links to Other Sites
For your convenience, Spirit & Word may provide links on the Site to websites that are
not operated by Spirit & Word. These links do not mean that Spirit & Word endorses,
approves or sponsors the linked sites or any information, products or services contained
on those sites. Spirit & Word is not liable for any damage that might result from your use
of the information, products or services obtained.
No Agency
There is no agency, partnership, joint venture, employee-employer or franchiser-
franchisee relationship intended or created by this Agreement.
Digital Millennium Copyright Act Compliance Notice
Spirit & Word will process notices of alleged infringement that it receives and will take
appropriate actions as required by the Digital Millennium Copyright Act (the “DMCA”)
and other applicable intellectual property laws. Pursuant to the DMCA, notifications of
claimed copyright infringement should be sent to Spirit & Word’s designated agent:
Maria Crimi Speth
3200 N. Central Ave, Suite 2000
Phoenix, AZ 85012
To be effective, the notification must be in writing and contain the following information
(DMCA, 17 U.S.C. §512(c)(3)):
1. Physical or electronic signature of a person authorized to act on behalf of the
owner of an exclusive right that is allegedly infringed;
2. 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;
3. Identification of the material that is claimed to be infringing or to be the subject of
infringing activity and that is to be removed or access to which is to be disabled,
and information reasonably sufficient to permit Spirit & Word to locate the
material;
4. Information reasonably sufficient to permit Spirit & Word to contact the
complaining party, such as an address, telephone number, and, if available, an
email address at which the complaining party may be contacted;
5. A statement that the complaining party has a good faith belief that use of the
material in the manner complained of is not authorized by the copyright owner, its
agent, or the law;
6. A statement that the information in the notification is accurate, and under penalty
of perjury, that the complaining party is authorized to act on behalf of the owner
of an exclusive right that is allegedly infringed.
Updates to Terms of Use
Terms of Use updated as June 2011.
The following terms and conditions govern your use of www.spiritandword.org
(the “Site”), as well as all services related to the Site. The operator of this website is
Spirit & Word, Inc. (the “Company,” “us,” “our,” or “we”). By using the Site, you agree
to be bound by these Terms of Use (the “Agreement”). If you do not agree to these
Terms of Use, please do not use this Site.
BY CLICKING THE ACCEPTANCE BUTTON OR ACCESSING, USING OR
INSTALLING ANY PART OF THE SERVICE, USER EXPRESSLY AGREES
TO AND CONSENTS TO BE BOUND BY ALL OF THE TERMS OF THIS
AGREEMENT. IF USER DOES NOT AGREE TO ALL OF THE TERMS OF THIS
AGREEMENT, THE BUTTON INDICATING NON-ACCEPTANCE MUST BE
SELECTED, COMPANY WILL PROMPTLY CANCEL THIS TRANSACTION AND
USER MAY NOT ACCESS, USE OR INSTALL ANY PART OF THE SERVICE.
If you have any questions regarding the meaning or application of this Agreement, please
direct your questions to:
SPIRIT & WORD MINISTRIES, INC.
c/o S & V Acceptance, LLC
7920 East Thompson Peak Parkway
Suite 150
Scottsdale, AZ 85255
[email protected]
There will be no charge to use the site or to post on the website. Contributions are
accepted to offset the costs of operation and to build funds for charitable distribution.
Spirit & Word Ministries, Inc. is a non profit, charitable corporation with a 501 (c)(3)
designation.
Access to the Web Site
This Agreement grants you a limited, revocable, nonexclusive license to access the
Site for your own personal use. You may not sub-license your rights to a third party,
and this license does not extend to any collection, aggregation, copying, duplication,
display or derivative use of the Site nor any use of data mining or similar data gathering
and extraction tools for any purpose unless expressly permitted by Spirit & Word.
A limited exception is provided to general purpose internet search engines and non-
commercial public archives that use such tools to gather information for the sole purpose
of displaying hyperlinks to this Site, provided they each do so from a stable IP address or
range of IP addresses using an easily identifiable agent.
From time to time the Site may be inaccessible or inoperable for any reason, including,
without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures
or repairs which Company may undertake from time to time; or (iii) causes beyond the
control of Company or which are not reasonably foreseeable by Company.
SPIRIT AND WORD
In order to post on our Site, you will need to create a Spirit and Word account. When
creating your account, you must provide accurate and complete information. You
are solely responsible for the activity that occurs on your account, whether expressly
authorized by you or not. You are responsible for keeping your account password secure.
You may change your password at any time by updating your Account Profile. In
addition, you agree to immediately notify Spirit & Word of any unauthorized use of your
password or account or any other breach of security. Spirit & Word cannot and will not
be liable for any loss or damage arising from your failure to comply with this Section or
to secure your account and password, including but not limited to selecting a password
that is easily compromised. You are not allowed to use another customer’s account
without that customer’s permission. Unless previously notified otherwise, we will
assume that anyone visiting our Site with a correct account and password combination is
an authorized user of that account.
By registering with Spirit & Word, you represent that you are of legal age and capacity
to enter into a binding contract and are not a person barred by any laws from using
the our Site. You agree to provide true, accurate, current and complete information
about yourself in all required fields of the registration form. If any of your information
changes, you agree to update your registration information as soon as possible. If we
have reason to suspect that your registration information is not complete, current, or
accurate, or that you have otherwise violated this Agreement, your account will be
subject to suspension or termination, in our sole discretion, and you may be barred from
using our Site.
Modification of Terms of Use/ Modification of Website
We reserve the right to change these Terms of Use at any time. We will announce
any changes by posting a revised draft of these Terms of Use on the Site. You can
determine when these Terms of Use were last revised by referring to the “Last Updated”
information contained herein. By continuing to use the Site following such changes, you
will be deemed to have agreed to such changes. You agree to review these Terms of Use
periodically to be aware of any such changes. Your use of certain services on the Site
may be governed by additional rules, which will be available on the Site. By using any
service you acknowledge that you have reviewed all rules for the service in question and
agree to be bound by them.
We also reserve the right, at any time, to: change or discontinue any content or feature
of the Site or any services or products made available through the Site without notice;
charge fees in connection with the use of the Site; modify and/or waive any fees charged
in connection with the Site; and/or offer opportunities to some or all users of the Site.
You agree that we will not be liable for any modification, suspension or discontinuance
of the Site or of any service, content, feature or product offered through the Site. Your
continued use of the Site after such changes will indicate your acceptance of such changes.
From time to time, in our sole and absolute discretion, without any notice or liability to
you, we may change, move or delete portions or features of the Site, or we may add new
areas or features to the Site. We may introduce a new service and the fees for that service
are effective as of the date that service becomes available on the Site. Unless otherwise
stated, all fees are quoted in U.S. dollars and you are responsible for paying all fees
associated with using our service and the Site.
Site Conduct
The Site is intended to be used for lawful purposes only. You may have the opportunity
to post, transmit or otherwise make available information, opinions, ideas, images or
other content on the Site. We reserve the right to remove any content posted on our site
for any reason. Decisions as to whether content violates our standards will be made in our
sole discretion after we have actual notice of such posting. Without limiting our rights
hereunder, we have attempted to provide guidelines to those posting on our site. When
using the Site:
You may not post or transmit any material or content on or through the Site:
that violates or infringes in any way upon the rights of others;
that discloses private personally identifying information of another person that
could lead to identity theft;
that discloses confidential, proprietary information or trade secrets;
that solicits, encourages, or promotes the use of illegal substances or activities;
which is unlawful, threatening, abusive, harassing, defamatory, libelous,
blasphemous, derogatory, constitutes invasive of privacy or publicity rights,
is fraudulent or tortuous, vulgar, obscene, pornographic, bigoted or hateful,
intimidating, profane, scandalous, pornographic, indecent or otherwise
objectionable;
that is protected by copyright, trademark, trade secret or any other proprietary
right;
that expresses or implies that any statements you make are endorsed by us,
without our prior written consent; or
that gives rise to civil or criminal liability, encourages conduct that constitutes a
criminal offense or otherwise violates any local, state, or federal law.
You may not post or transmit on or through the Site:
• promotional materials relating to other website or online services which are
competitive with us and/or the Site;
• software or other materials that contain viruses or other programs harmful or
disruptive to the Site or other websites;
• political campaign materials; chain letters; mass mailings; spam mail;
• any robot, spider, site search/retrieval application, or other manual or automatic
device or process to retrieve, index, "data mine," or in any way reproduce or
circumvent the navigational structure or presentation of the Site or its contents.
You may not:
• misrepresent the quality or characteristic of a product that you offer for sale;
• misrepresent who you are or impersonate another person;
• offer contracting services unless you have any required contracting license;
• engage in any activity on the Site that restricts or inhibits any other user from
using or enjoying the Site such as "hacking," “hijacking,” "cracking," "spoofing,"
or defacing any portion of the Site;
• harvest or collect information about Site visitors or Registered Users without their
express consent;
• use the Site to defame, abuse, stalk, threaten or otherwise violate the legal rights
of others or for any fraudulent purpose;
• reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial
purposes, any portion of, use of, or access to the Site;
• create a database by systematically downloading and storing Site content;
• frame or mirror any part of the Site without our prior written consent;
• interfere with or disrupt the operation of the Site or the servers or networks used
to make the Site available; or violate any requirements, procedures, policies or
regulations of such networks.
User Comments, Feedback and other Submissions
By submitting, disclosing, posting, transmitting or uploading any files, messages or
data or engaging in any other form of communication to or with the Site, you warrant
and represent that you are the owner of those communications or that you have all
rights necessary to submit, disclose, post, upload, transmit and otherwise use any such
communications for your intended purpose. By posting information or content to the
Site, you grant, and you represent and warrant that you have the right to grant, to Spirit &
Word an irrevocable, perpetual, fully-paid, worldwide non-exclusive license to use, copy,
perform, display and distribute such information and content and to prepare derivative
works of, or incorporate into other works, such information and content, and to grant and
authorize sublicenses of the foregoing.
We do not and cannot review all materials posted to the Site by users and we are not
responsible for any such materials posted by users. However, we reserve the right at all
times to disclose any information necessary to satisfy any law, regulation, government
request or court order to edit, refuse to post or to remove information or materials in
whole or in part, that are the subject of a complaint or a report of abuse or that in our sole
discretion are objectionable or in violation of this Agreement or as otherwise required by
law or court order.
Copyrights, Trademarks and other Intellectual Property Rights
All materials, including images, illustrations, designs, icons, photographs, text, software,
graphics, videos, music and sound that are part of the Site are protected by U.S. and
state copyright laws, international treaties and other intellectual property laws. All copyrighted or trademarked material or other intellectual property used on the Site is
owned by us or others who have given us permission to use their protected intellectual
property. The Site as a whole is also protected by copyright law and is owned by us.
The materials on the Site, and the Site as a whole, are intended solely for your personal,
noncommercial use. You may download or copy the downloadable materials displayed
on the Site for your personal use only. No right, title or interest in any downloaded
materials or software is transferred to you as a result of any such downloading or
copying. You may not reproduce (except as noted above), publish, transmit, distribute,
display, modify, create derivative works of, sell or participate in any sale of, or exploit
in any way, in whole or in part, any of the intellectual property on the Site, the Site as
a whole, or any related software without the prior written permission of Spirit & Word
or the owner of that intellectual property. Further, you may not frame any of the Site
content, deep-link to the Site, trespass or scrape the Site with automated agents without
prior written consent of Spirit & Word.
If you believe any of the content on our Site infringes the intellectual property rights of
another, you may send us a notice of alleged infringement that complies with the Digital
Millennium Copyright Act. Please see our DMCA Notice for more information.
Limited Warranty/Disclaimer of Liability
THIS SITE AND ITS CONTENTS ARE PROVIDED "AS IS" WITHOUT
WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING
WITHOUT LIMITATION ANY WARRANTY AS TO THE ACCURACY,
AVAILABILITY, COMPLETENESS, RELIABILITY, TITLE, CURRENCY
OR CONTENT OF ANY INFORMATION OR MATERIAL PROVIDED
BY OR THROUGH THIS SITE, AND THE IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOUR USE
OF OUR SITE IS AT YOUR SOLE RISK. YOU ASSUME FULL RESPONSIBILITY
FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR
REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE
OF THE SITE, AND THAT SPIRIT & WORD SHALL NOT BE LIABLE FOR ANY
DAMAGES OF ANY KIND RELATED TO YOUR USE OF THE SITE.
IN NO EVENT SHALL SPIRIT & WORD, OR ANY PARENT, SUBSIDIARY,
AFFILIATE, DIRECTOR, OFFICER, EMPLOYEE, LICENSOR, DISTRIBUTOR,
SUPPLIER, AGENT, RESELLER, OWNER, SUCCESSOR-IN-INTEREST OR
OPERATOR OF SPIRIT & WORD, BE LIABLE TO YOU FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL
DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES,
OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY
DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR
ACCESS TO AND USE OF OUR SITE, (III) ANY UNAUTHORIZED ACCESS
TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL
INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION
OF TRANSMISSION TO OR FROM OUR SITE, (IV) ANY VIRUSES, TROJAN
HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH
OUR SITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS
IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED
AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED,
TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE,
WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER
LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF
LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN
THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT SPIRIT & WORD SHALL NOT BE
LIABLE FOR USER SUBMISSIONS OR FOR ANY DEFAMATORY, OFFENSIVE,
OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF
HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Site may contain hyperlinks to web sites operated by parties other than Spirit &
Word, which are provided for reference only. We do not control such web sites are not
responsible for their contents or operation. Your use of such web sites is entirely at your
own risk.
Third-Party Content and Services Provided by Members
The Site contains content supplied by parties other than Spirit & Word. Any opinions,
advice, judgments, statements or other information or content expressed or made
available by such third parties, are those of the respective author(s) and not of Spirit &
Word. Spirit & Word makes no guarantees to the accuracy, completeness or usefulness
of any content, nor its merchantability or fitness for a particular purpose.
Spirit & Word is not responsible for the actions or inactions of any users of the Site.
Indemnification
You agree to indemnify, defend and hold harmless Spirit & Word and our directors,
officers, employees, agents and shareholders, and defend any action brought against us or
them with respect to any claim, demand, cause of action, debt or liability, including but
not limited to reasonable costs and attorneys’ fees, arising out of the use of our site, or the
violation of any of the provisions of this Agreement, by you or anyone accessing our Site
under your account.
Governing Law and Jurisdiction
This Agreement is entered into in the State of Arizona and is governed by the laws of
the State of Arizona and by the federal laws of the United States, without reference to
conflict of laws principles. You agree to the exclusive jurisdiction of the state and federal
courts in Maricopa County, Arizona, to adjudicate any dispute arising out of or relating
to this Agreement or your use of our Site. You also expressly consent to the personal
jurisdiction of the state and federal courts in Maricopa County, Arizona, for any such
action.
General Provisions
If any provision of this Agreement is held to be invalid or unenforceable, such provision
shall be stricken from this Agreement and the remaining provisions shall be enforced.
Our failure to act with respect to any breach of this Agreement by you is not a waiver
of our right to act with respect to subsequent or similar breaches. You may not assign
or transfer this Agreement or your rights hereunder, and any attempt to do so is void.
Spirit & Word shall not be liable for any delay or failure to perform resulting directly
or indirectly from any causes beyond its control. You must comply with all applicable
laws and regulations relating to your access to and use of the Site. This Agreement sets
forth the entire understanding and agreement between us with respect to the subject
matter hereof and supersedes any prior understandings or agreements with respect to such
subject matter.
Termination / Cancellation
Spirit & Word may terminate your use of the Site, including without limitation, your
account with the Site, at any time, in our sole discretion. Upon any such termination,
your right to use the Site will immediately cease. You agree that any termination of your
access to or use of the Site may be effected without prior notice.
Links to Other Sites
For your convenience, Spirit & Word may provide links on the Site to websites that are
not operated by Spirit & Word. These links do not mean that Spirit & Word endorses,
approves or sponsors the linked sites or any information, products or services contained
on those sites. Spirit & Word is not liable for any damage that might result from your use
of the information, products or services obtained.
No Agency
There is no agency, partnership, joint venture, employee-employer or franchiser-
franchisee relationship intended or created by this Agreement.
Digital Millennium Copyright Act Compliance Notice
Spirit & Word will process notices of alleged infringement that it receives and will take
appropriate actions as required by the Digital Millennium Copyright Act (the “DMCA”)
and other applicable intellectual property laws. Pursuant to the DMCA, notifications of
claimed copyright infringement should be sent to Spirit & Word’s designated agent:
Maria Crimi Speth
3200 N. Central Ave, Suite 2000
Phoenix, AZ 85012
To be effective, the notification must be in writing and contain the following information
(DMCA, 17 U.S.C. §512(c)(3)):
1. Physical or electronic signature of a person authorized to act on behalf of the
owner of an exclusive right that is allegedly infringed;
2. 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;
3. Identification of the material that is claimed to be infringing or to be the subject of
infringing activity and that is to be removed or access to which is to be disabled,
and information reasonably sufficient to permit Spirit & Word to locate the
material;
4. Information reasonably sufficient to permit Spirit & Word to contact the
complaining party, such as an address, telephone number, and, if available, an
email address at which the complaining party may be contacted;
5. A statement that the complaining party has a good faith belief that use of the
material in the manner complained of is not authorized by the copyright owner, its
agent, or the law;
6. A statement that the information in the notification is accurate, and under penalty
of perjury, that the complaining party is authorized to act on behalf of the owner
of an exclusive right that is allegedly infringed.
Updates to Terms of Use
Terms of Use updated as June 2011.
English (US) 