TERMS OF SERVICE
Welcome to AdventPlug, an online community that connects people through networks of friends for communicating, sharing and making new friends. The AdventPlug service is operated by AdventPlug Networks.
By using the Adventplug website (the "Website") you agree to be bound by these Terms of Service (this "Agreement"). In addition, if you are an individual who wishes to become a AdventPlug Member (a "Member"), communicate with other Members and make use of the AdventPlug service (the "Service"), you must read this Agreement and indicate your acceptance of its terms by following the instructions on the "Sign Up" page and checking the box labeled "I agree to Adventplug terms of service."
We reserve the right to modify this Terms of Service at any time, and without prior notice, by postinUg amended terms on this website. Your continued use of the AdventPlug service indicates your acceptance of the amended User Agreement.
1. DISCLAIMER: AdventPlug.com is an independent ministry that supports the mission and beliefs of the Seventh-day Adventist Church; however, it is not part of, affiliated with, or endorsed by the General Conference of Seventh-day Adventists ® headquartered in Silver Spring, Maryland or any of its affiliates known as the Seventh-day Adventist Church ®. Thus, any content or opinions expressed, implied or included in or with the services offered by AdventPlug.com are solely those of AdventPlug.com and not those of the General Conference or the Seventh-day Adventist Church ®.
TO THE EXTENT PERMITTED UNDER APPLICABLE LAWS, THE SERVICES ARE PROVIDED "AS-IS" AND AS AVAILABLE AND ADVENTPLUG EXPRESSLY DISCLAIMS ANY WARRANTY AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT AND ADVENTPLUG DOES NOT GUARANTEE AND DOES NOT PROMISE (A) ANY SPECIFIC RESULTS FROM THE USE OF THE SERVICES; (B) THAT THE SERVICES WILL MEET YOUR REQUIREMENTS; (B) THAT THE SERVICES WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE. ADVENTPLUG DOES NOT ASSUME ANY OBLIGATION TO MONITOR ACTIVITIES ON THE SERVICE.
Event Disclaimer: Adventplug will not be held responsible for inaccurate event information appearing on this web site. Adventplug does not make any guarantee that such information is not outdated or without typographical errors. It is for these reasons that we recommend you call any event you plan on attending, at the phone number provided, to confirm dates, locations, and other important information.
2. ELIGIBILITY. THE SERVICES ARE INTENDED SOLELY FOR ACCESS AND USE BY INDIVIDUALS THAT ARE FOURTEEN (14) YEARS OF AGE OR OLDER. BY ACCESSING AND USING THE SERVICES, YOU ARE CERTIFYING THAT YOU ARE AT LEAST FOURTEEN (14) YEARS OLD. By using the Services, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement. If you are merely surfing or browsing through the Website and have not yet registered to become a Member, your use of the Website is still subject to this Agreement; if you do not agree to this Agreement, do not use the Services.
3. PASSWORD. When you sign up to become a Member, you will also be asked to choose a username and a password for your Member profile. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the Member profile, username, or password of another Member at any time. You agree to notify us immediately if you suspect any unauthorized use of your Member profile or access to your password. You are solely responsible for any and all use of your Member profile.
4. TERM. This Agreement will remain in full force and effect while you use the Services and/or are a Member. You may terminate your membership at any time, for any reason by following the instructions on the "My Account/Settings/Account Settings/Cancel Account", or upon receipt by AdventPlug of your written or email notice of termination. AdventPlug may terminate your access to the Website. AdventPlug may terminate your membership for any reason effective upon sending notice to you at the email address you provide in your application for membership or such other email address as you may later provide to AdventPlug. If AdventPlug terminates your membership in the Community because you have breached the Agreement, you will not be entitled to a refund of any unused subscription fees, if any. Even after this Agreement is terminated, the following provisions of this Agreement will remain in effect: Sections1, 5, 6, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, and 18.
5. NON-COMMERCIAL USE BY MEMBERS. The Services are for the personal use of individual Members only, and may not be used in connection with any commercial endeavors. This includes providing links to other websites, whether deemed competitive to AdventPlug or otherwise. Organizations, companies, and/or businesses may not become Members of AdventPlug and should not use the AdventPlug Services for any purpose. Illegal and/or unauthorized uses of the Services, including unauthorized framing of or linking to the Website will be investigated, and appropriate legal action will be taken.
6. PROPRIETARY RIGHTS IN THE SERVICE. AdventPlug owns and retains all proprietary rights in the Services. The Services contain the copyrighted material, trademarks, and other proprietary information ("Intellectual Property") of AdventPlug, and its licensors, including other AdventPlug Members. Except for Intellectual Property which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such Intellectual Property and the provision of such Intellectual Property to you through the Services does not transfer to you or any third party any rights, title or interest in or to such Intellectual Property, including, without limitation, any intellectual property rights in any Content and material included therein.
7. CONTENT POSTED ON THE SERVICES. You understand and agree that AdventPlug may (but is not obligated to), content, communication, information, Intellectual Property, material, messages, photos, videos, URLs, profiles and the like (collectively, "Content") that is uploaded, published or displayed (hereinafter, "posted") on the Services and delete or refuse to take online any such Content, including, without limitation, any Content that in the sole judgment of AdventPlug violates this Agreement or which might be offensive, inappropriate, illegal, or that might violate the rights, harm, or threaten the safety of other Members or third parties. You are solely responsible for the Content that you post on the Services, or transmit to other Members or third parties. By posting Content to any area of the Services, you automatically grant, and you represent and warrant that you have the right to grant, to AdventPlug an irrevocable, perpetual, non-exclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform (including by means of a digital audio transmission), and otherwise use Content and to prepare derivative works of, or incorporate into other works, such Content, and to grant and authorize sublicenses of the foregoing. In addition, you represent and warrant that you have the right to post the Content and you will not post any illegal or prohibited Content and will not infringe, misappropriate, violate or contravene any third party rights (including, without limitation, any intellectual property rights). The following is a partial list of the kind of Content that is illegal or prohibited on the Website ("Prohibited Content"). AdventPlug reserves the right (but is not obligated) to investigate and to take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending Content from the Service and terminating the membership of such violators.
Prohibited Content includes Content that:
(a) is patently offensive to the online community, such as Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
(b) harasses or advocates harassment of another person;
(c) involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing or "spamming";
(d) promotes information that you know is false, misleading or that promotes illegal activities or conduct that is illegal, abusive, threatening, obscene, defamatory or libelous;
(e) promotes an illegal and/or unauthorized ("pirated") copy of another person's copyrighted work (whether marked as such, or not), such as, but not limited to, providing pirated computer programs or links to them, providing information to circumvent copy-protection mechanisms, or providing pirated music, video or other pirated Content, or links to such pirated music, video files, or files that contain such other pirated Content;
(f) contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
(g) displays pornographic or sexually explicit material of any kind and in any form;
(h) provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18;
(i) provides instructional information about illegal activities such as, but not limited to, making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
(j) solicits passwords or personal identifying information of any kind for commercial or unlawful purposes from other users; and engages in commercial activities and/or commercial sales without our prior written consent, including, without limitation, contests, sweepstakes, barter, advertising, and pyramid schemes;
(k) constitutes, promotes, or is used primarily for the purpose of dealing in: counterfeit goods, illegal drugs and paraphernalia, stolen products and items used for theft, unlicensed trade or dealing in stocks or securities, gambling items, professional services regulated by state licensing regimes or non-transferable items; or (l) otherwise violates the terms of this Agreement or creates liability for AdventPlug.
You must use the Services in a manner consistent with any and all applicable laws and regulations. You may not include in your Member profile any telephone numbers, street addresses, last names, URLs or email addresses. You may not engage in advertising to, or solicitation of, other Members to buy or sell any products or services through the Services, except as to the extent expressly allowed by AdventPlug in specific sections of the Services, or similar section of the Services. You may not transmit any chain letters or junk email to other Members or other parties. Although AdventPlug cannot monitor the conduct of its Members off the Services, it is also a violation of these rules to use any information obtained from the Services in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation, AdventPlug reserves the right to restrict the number of emails and other communications (including sharing of Content) which a Member may send to other Members in any twenty-four (24) hour period to a number which AdventPlug deems appropriate in its sole discretion.
8. YOUR MEMBER PROFILE. Any Content used for or photographs posted by you in your Member profile may not contain nudity, violence, sexually explicit, or offensive subject matter. You may not post a photograph of another person without that person's permission.
9. COPYRIGHT POLICY. You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted on the Services in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Website; your address, telephone number, and email address; a written 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, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. AdventPlug Copyright Agent for notice of claims of copyright infringement can be reached by writing the following:
AdventPlug Networks.
Attn: Copyright Agent
copyrightagent@adventplug.com
10. MEMBER DISPUTES. Your interactions with other Members in connection with the Services or with advertisers, including, without limitation, payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the other Members or the advertiser. You agree that AdventPlug will not be responsible for any loss or damage incurred as the result of any such dealings or with respect to any other Members use or disclosure of your personally identifiable information. If there is a dispute between you and any third party (including, without limitation, any Member), AdventPlug is under no obligation to become involved; however, we reserve the right, but have no obligation, to monitor disputes between you and other Members.
11. THIRD PARTY CONTENT. Content from other Members, advertisers, and other third parties may be made available to you through the Services. Because we do not control such Content, (a) you agree that we are not responsible for any such Content and (b) we make no guarantees about the accuracy, currency, suitability, or quality of the information in such Content, and we assume no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful Content made available by other Members, advertisers, and other third parties.
12. RELEASE. To the extent permitted under applicable laws, you hereby release AdventPlug from any liability related to: (a) any incorrect or inaccurate Content posted on the Services, whether caused by any user of the Services or Member, or by any of the equipment or programming associated with or utilized in the Services; (b) the conduct, whether online or offline, of any user of the Services or Member; (c) any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or Content players on account of technical problems or traffic congestion on the Internet or at any website, or combination thereof, including injury or damage to user's and/or Member's or to any other person's computer related to or resulting from participating or downloading materials in connection with the Services; (d) any loss or damage caused by Content posted on the Services or transmitted by and to Members, or any interactions between users of the Website and/or Members, whether online or offline; and (e) any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, Website user or Member communications.
If you are a California resident, you hereby waive California Civil Code Section 1542, which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."
13. LIMITATION ON LIABILITY. TO THE EXTENT PERMITTED UNDER APPLICABLE LAWS, ADVENTPLUG SHALL NOT BE LIABLE TO YOU, OR ANY THIRD PARTY, FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES (INCLUDING ALSO LOST PROFITS) ARISING FROM YOUR USE OF THE SERVICES, EVEN IF ADVENTPLUG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
14. DISPUTES. If there is a dispute that includes AdventPlug or the services of AdventPlug, you agree that the dispute will be governed under AdventPlug's rules, not taking into consideration the law's conflict dispositions and you agree to accept jurisdiction and exclusive and personal competency in AdventPlug's state or federal courthouses.
15. ELECTRONIC COMMUNICATIONS. The communications between you and AdventPlug use electronic means, whether you visit the Website or send us emails, or whether AdventPlug posts notices on the Services or communicates with you via email. For contractual purposes, you (a) consent to receive communications from AdventPlug in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that AdventPlug provides to you electronically satisfy any legal requirement that such communications would satisfy if it were be in writing. The foregoing does not affect your non-waivable rights.
16. INDEMNITY. You agree to indemnify and hold AdventPlug, its subsidiaries, affiliates, officers, agents, and other partners and employees, qharmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.
17. OTHER. This Agreement contains the entire agreement between you and AdventPlug regarding the use of the Services. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. Notwithstanding any other provisions herein, no party will be deemed as a third-party beneficiary to this Agreement and a third party (including another Member) who is not a party to this Agreement has no right to enforce any term of this Agreement. If any provision of this Agreement is found to be invalid or unenforceqable, such provision will be changed and interpreted to accomplish the objectives to the greatest extent possible under any applicable law and the remaining provisions will continue in full force and effect. The failure of AdventPlug to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. Please contact us with any questions regarding this Agreement.
18. COPYRIGHT/TRADEMARK INFORMATION. Copyright © 2008, Adventplug. All rights reserved. The trademarks, logos and service marks ("Marks") displayed on the Services are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Mark.
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