PLEASE READ THESE TERMS CAREFULLY. By using the mnys.org Web site (Web Site) at mnys.org or www.mnys.org or by otherwise accessing any content found on this Web Site, you are deemed to have entered into an agreement with the Metropolitan New York Synod (MNYS) and to have agreed to be bound by the terms set out below. If you violate any of the Terms your permission to use this Web Site automatically terminates. The Web Site is owned and operated by the MNYS.
1. Definitions. As used in these Terms:
"Web Site" means the Web site www.mnys.org.
"We," "Our," "Us" and "MNYS" refer to the Metropolitan New York Synod.
2. Changes to these Terms. WE MAY AMEND THESE TERMS AT ANY TIME WITHOUT PRIOR NOTICE BY POSTING THE AMENDED TERMS ON THE WEB SITE. USE OF THE WEB SITE FOLLOWING ANY SUCH CHANGE CONSTITUTES YOUR AGREEMENT TO FOLLOW AND BE BOUND BY THE TERMS AS CHANGED. For this reason, you should review these Terms whenever you use the Web Site. If you do not agree to be bound by changes to the Terms, you should not use the Web Site any further after the changes in question are published. These Terms were last revised on April 5, 2011.
3. Use of MNYS content and intellectual property protection.
3.1. Material on the Web Site, including but not limited to text, software, code, graphics, images, data, audio and video (collectively, the "Materials"), is owned by the MNYS or third-party licensors. The MNYS and/or third-party licensors retain all proprietary rights to the Materials, including all intellectual property rights associated therewith (e.g., copyrights, patents, trademarks, trade secrets and know-how). Unless otherwise indicated on the Web Site, except for downloading one copy of the Materials for your personal, noncommercial use and/or printing copies of the Materials for such use, you may not sell, modify, reproduce, display, publicly perform, prepare derivative works based upon, distribute or otherwise use the Materials in any way without first obtaining the written permission of the MNYS. Requests for permission for uses not authorized by these Terms may be sent to:
Metropolitan New York Synod
Attn: Web Manager
475 Riverside Drive, Suite 1620
New York, NY 10115
Or e-mailed to firstname.lastname@example.org.
3.2. You must retain all copyright, trademark and other proprietary notices contained in the original Materials on any copy you make of the Materials. You may not frame or utilize framing techniques to enclose all or any portion of the Web Site. You may not use any meta tags or any other similar hidden text utilizing the MNYS's name or trademarks.
3.3. If you violate any of this Section 3, your permission to use the Materials and the Web Site automatically terminates.
4. User Postings.
4.1. As a user of the Web Site, you are responsible for your own communications and are responsible for the consequences of any of your postings in the public areas of the Web Site. By submitting any material for posting on the Web Site, you automatically grant (or, if you are not the owner, you warrant that the owner of such material has expressly granted) the MNYS a royalty-free, perpetual, irrevocable, nonexclusive and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display and otherwise use and exploit such material (in whole or in part) worldwide and/or to incorporate it in other work in any form, media or technology now known or later developed.
4.2. We do not represent or guarantee the accuracy, completeness or reliability of any material posted by users of the Web Site nor do we endorse any opinions expressed by any users. You rely on material posted by other users only at your own risk. We are not obligated to, and do not, screen or monitor materials posted on this Web Site and you may not assume that posted materials are reviewed.
4.3. We may for any reason edit, refuse to post or remove without notice any materials posted by users. However, we have no obligation to edit, refuse to post or remove any material, including material that you may find objectionable or offensive or that violates these Terms. If you become aware of any material that violates these Terms, you may email such information to us at email@example.com. However, we do not guarantee that any action will be taken as a result of your contact. We reserve the right to expel any user and to prevent further access to the Web Site for any reason, including violation of these Terms or applicable law, or for no reason at all. However, we have no obligation to expel any user or to prevent further access to the Web Site.
5. Use Policies. You may not do any of the following while using the Web Site:
interfere with or disrupt networks connected to the Web Site or violate the regulations, policies or procedures of such networks;
attempt to gain unauthorized access to the Web Site, computer systems or networks connected to the Web Site, through password mining or any other means;
interfere with another user's use and enjoyment of the Web Site;
upload or attempt to upload any message, information, data, text, software, graphic files or other materials ("Content") that is, or with the intent that it be, unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, that may be invasive of another's privacy, hateful or racially, ethnically or otherwise objectionable;
upload or attempt to upload Content that contains a virus, corrupted file, or other harmful component or with the intent to upload such Content;
impersonate any person or entity, including, but not limited to, MNYS personnel, or falsely state or otherwise misrepresent any affiliation with any person or entity, or upload any Content under a fictitious name;
upload any Content that you do not have a right to upload under law or under contractual or fiduciary relationships (including but not limited to nondisclosure agreements);
upload any information or grant permissions to view information to any person in a manner that exceeds your contractual or other legal authority;
upload any unsolicited advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, contests, surveys, or any other form of solicitation (commercial or non-commercial);
intentionally or unintentionally violate or encourage or assist another to violate any law or regulation in connection with your use or another's use of the Web Site; or
upload any Content that violates or infringes any patent, trademark, trade secret, copyright or any right, of whatever nature, of anyone.
6. Linking to the Web Site.
You may provide a link on your site to the Web Site subject to the following requirements:
You may not frame or alter the appearance or visual presentation of the Web Site.
You may not state or imply that we endorse, sponsor or otherwise approve your site or any other sites, unless we have given you permission to do so. Links to the Web Site may not be used in a way that implies or suggests that we approve or endorse you, your Web site or your goods and services, unless we have given you permission to do so.
Links may be text-based using the words: "The Metropolitan New York Synod" "MNYS," or "mnys.org" or graphics based using the MNYS logo, subject to the terms and conditions for use of the MNYS brandmark.
Unless you are an ELCA synod or MNYS congregation, you may only link to the home page of the Web Site, if you have received written permission from the MNYS. Requests for permission to link to other parts of the Web Site may be sent to firstname.lastname@example.org.
You may not use the Licensed Marks on any site that disparages us or any of our affiliates, or presents false information about us or any of our affiliates.
You may not use the Licensed Marks as a predominant feature of your site nor in any fashion that it may reasonably be expected that a person might believe they were viewing the MNYS Web Site. At a minimum, this means that the Licensed Marks must appear smaller than your Web page title and any of your marks or logos, they may not be displayed more prominently than other marks or logos on your page, and they should not appear at the top of the page, but rather at the bottom, along the sides or in some location less prominent than the top.
You may not use the Licensed Marks in any manner that would adversely affect the name, reputation or goodwill of the MNYS, or is intended or may reasonably be expected to do so, or use the Licensed Marks on any site that contains any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, that may be invasive of another's privacy, hateful or racially, ethnically or otherwise objectionable or is intended or may reasonably be expected to be so.
You may not use the Licensed Marks on any site that violates or infringes any patent, trademark, trade secret, copyright or any right, of whatever nature, of anyone, or that violates or encourages or assists another to violate any law or regulation.
We will have no responsibility or liability for any content appearing on your Web site. You agree to defend, indemnify and hold harmless the MNYS and its affiliates and their officers, directors, employees and agents, from and against any and all claims, liability, actions, demands, costs or expenses (including, but not limited to, reasonable legal and accounting fees) arising from or relating to your web site. We reserve the right to defend any such claim at your cost and expense, and you agree to provide us with such reasonable cooperation as we may request.
By linking, you acknowledge and agree that, other than as specifically set forth in these Terms, all rights to the Licensed Marks and other MNYS marks and logos belong to the MNYS exclusively. In addition, you acknowledge the validity of the MNYS's ownership in the Licensed Marks and other MNYS marks and logos and will not contest such ownership or the validity of any registrations of the MNYS relating to such marks and logos. You agree that use of the Licensed Marks shall inure to the benefit of the MNYS and its successors and assigns. If you happen to obtain any rights or goodwill in the Licensed Marks, you agree that all such rights and goodwill will automatically vest in the MNYS exclusively and you will take all actions necessary to effect such vesting.
You are prohibited from using the MNYS marks or logos or any names, marks or other materials in a manner that is likely or intended to cause confusion with, dilute or damage the reputation or image of the MNYS.
We reserve the right at any time and in our sole discretion to request that you remove all links or any particular link to the Web Site from your site.
Subject to these Terms and your compliance with the above requirements, the MNYS agrees to grant you a limited, non-exclusive, non-transferable, royalty-free license to use the Licensed Marks solely for the purpose of establishing any link that is permitted hereunder. Except for the limited license to use the Licensed Marks set forth in this paragraph, you may not use any of the MNYS's trademarks or service marks or logos for any other reason without the express written permission of the MNYS. The MNYS may, at any time, in its sole discretion, without cause, terminate the license granted herein to use the Licensed Marks and your right to link to any pages on the Web Site. Upon our request, you agree to immediately remove all links to the Web Site and to cease using the Licensed Marks. Without limiting the foregoing, if you violate any of this Section 6, your license to use the Licensed Marks and your right to link to any pages on the Web Site automatically terminates. Thereafter, any future links to the Web Site will require the express written permission of the MNYS.
8. Submissions. We welcome comments regarding our service. However, any comments, feedback, notes, messages, ideas, suggestions or other communications (collectively, "Comments") submitted to us will be our exclusive property. Submission of any such Comments constitutes an assignment to the MNYS of all worldwide right, title and interest in all copyrights and other intellectual property rights in the Comments, and you represent and warrant that you have the right to make such an assignment and that such Comments do not violate or infringe any rights of anyone. The MNYS will be entitled to use, reproduce, disclose, publish and distribute any Comments for any purpose whatsoever, without restriction, without compensating you in any way and without any liability or obligation to you. For this reason, we ask that you do not send us any Comments that you do not desire to assign to the MNYS, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork.
9. Claims of Copyright Infringement. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact the Web Manager immediately.
10. Indemnification. You agree to defend, indemnify and hold harmless the MNYS and its affiliates and their officers, directors, employees and agents, from and against any and all claims, liability, actions, demands, costs or expenses (including, but not limited to, reasonable legal and accounting fees) arising from or relating to your use of the Web Site or the Materials, material that you post to the Web Site or otherwise provide to the MNYS, or your breach or violation of these Terms. The MNYS reserves the right to defend any such claim at your cost and expense, and you agree to provide the MNYS with such reasonable cooperation as it may request.
11. Disclaimer of Warranties.
11.1. THE WEB SITE, THE MATERIALS AND THE LICENSED MARKS ARE PROVIDED ON AN AS-IS, AS-AVAILABLE BASIS WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW. THE MNYS, ITS AFFILIATES AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE TO THE FULLEST EXTENT PERMITTED BY LAW.
11.2. You understand and agree that: (a) we are not responsible for the timeliness, misdelivery, deletion or failure to store any information uploaded (or attempted to be uploaded) by you or any other user; (b) we make no warranty as to the accuracy or completeness of the information and services provided or obtained through the Web Site or the results of your use of the Web Site; (c) it is your responsibility to evaluate the accuracy, completeness and usefulness of all information obtained or provided through the Web Site; (d) we may, in our sole discretion, modify, limit, add or discontinue any aspect, content or feature of the Web Site; and (e) the information on the Web Site may contain typographical errors or inaccuracies and may not be complete or current and, therefore, we reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice.
11.3. You understand and agree that use of the Web Site and the Materials is at your sole risk, that any materials downloaded or otherwise obtained through the use of the Web Site is at your own discretion and risk and that you will be solely responsible for any damage to your computer system, hardware or software, or loss of data that results from the download of such materials. We make no warranty or representation as to the security of any information you transmit to us. Information on the Web Site does not constitute legal, accounting or professional advice of any nature to anyone.
12. Limitation of Liability. IN NO EVENT SHALL THE MNYS, ITS AFFILIATES, AGENTS, SERVANTS OR EMPLOYEES, OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, OR ANY DAMAGES FOR LOSS OF PROFITS, USE, DATA, GOODWILL OR OTHER INTANGIBLES) ARISING FROM OR IN ANY WAY CONNECTED WITH THESE TERMS, THE USE OF (OR THE INABILITY TO USE) THE WEB SITE OR THE MATERIALS, THE LICENSED MARKS, OR ANY INFORMATION, GOODS OR SERVICES OBTAINED ON OR FROM THE WEB SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE MNYS IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
14.1. The Web Site is based in the United States. Access to the Materials may not be legal by certain persons or in certain countries. If you access the Web Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
14.2. These Terms will be governed by the internal laws of the State of New York, without regard to its choice of law provisions. You agree that any action or dispute arising out of or relating to these Terms may be brought only in a court of competent jurisdiction in New York County, New York, and you hereby consent to the jurisdiction, venue and convenience of such courts.
14.3. Headings in these Terms are for convenience only and shall not be used to interpret or construe its provisions.
14.4. If any provision of these Terms is found to be invalid, void or unenforceable by any court of competent jurisdiction, the remainder of these Terms shall remain in full force and effect.
14.5. Any waiver of any provision of these Terms will be effective only if in writing signed by the MNYS. No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such provision or any other provision.
14.6. Notices to the MNYS, other than as provided herein, can be sent to:
Metropolitan New York Synod
475 Riverside Drive, Suite 1620
New York, NY 10115