2.1 Subject to your compliance on a continuing basis with all of the terms and conditions of this Agreement, A Promised Place hereby grants you permission to use the Website only as set forth in this Agreement, and provided that: (i) you will not copy or distribute any part of the Website in any medium without A Promised Place's prior written authorization; (ii) you will not alter or modify any part of the Website other than as expressly authorized and then only for such express purpose; (iii) you may not circumvent, disable, violate or attempt to violate, or otherwise interfere with the security or integrity of the Website, the proper operation of the Website, the features that prevent or restrict use or copying of any Content (as the term is defined below) or enforce limitations on use of the Website or the Content therein, or interfere with any activity being conducted on the Website; and (iv) you may not decompile, disassemble or reverse engineer any of the software comprising or in any way making up part of the Website.
2.3 You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Website in a manner that sends more request messages to A Promised Place’s servers in a given period of time than a single human can reasonably produce in the same period by using a conventional web browser. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website for any unauthorized commercial solicitation purposes. Unless expressly authorized by the applicable user, you agree not to solicit, for commercial purposes, any users of the Website with respect to their "User Submissions," as that term is defined below. You agree that your User Submissions both will not involve the transmission of "junk mail," "chain letters," "spamming," or other unsolicited mass mailings, and will not contain restricted or password only access pages or hidden pages or images.** **A Promised Place reserves the right in its sole discretion to block access or discontinue services to offenders, and to investigate and take appropriate legal action against anyone who, in A Promised Place 's sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities.
The content on the Website, including without limitation, the text, software, scripts, graphics, files, images, photos, sounds, music, videos, interactive features and the like (collectively "Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to A Promised Place, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. A Promised Place reserves all rights not expressly granted in and to the Website and the Content. For clarity, as between you and A Promised Place, you retain ownership of the User Submissions that you create. You agree to not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any other purposes whatsoever any Content, including, but not limited to, image, audio, and visual content, Marks, third party User Submissions, or other proprietary rights not owned by you, (i) without the express prior written consent of the respective owners, or (ii) in any way that violates any right of any third party. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein.
This Agreement shall remain in full force and effect while you use the Website. You may terminate your use of the Website or your membership at any time by emailing: email@example.com. A Promised Place may terminate your access to the Website or your membership at any time, for any reason, and without warning. Sections 2.3, 3, 6.2. through 6.6, and 8 through 15 shall survive termination of this Agreement for any reason.
5.1 Certain services and features of the Website are made available in exchange for fees. A Promised Place may charge fees for all or some of the Website’s services in its sole discretion. Such fees are not refundable. If A Promised Place terminates your registration or membership because of your breach of the Agreement, you may be entitled to a refund of any unused portion of such fees to the extent required under applicable law.
5.2 You may purchase products and services directly from A Promised Place on the Website. Product and service descriptions and specifications are subject to change. Product and service descriptions, prices and other information on the Website may contain typographical errors or may be incorrect, incomplete or not current. A Promised Place periodically adds, updates and corrects the information in the Website store without notice.
5.3 A Promised Place may make available a service through which you can receive messages on your wireless device via short message service ("SMS"). You represent that you are the owner or authorized user of the wireless device on which messages will be received, and that you are authorized to approve any applicable charges. In addition to any fee of which you are notified, your provider's standard messaging rates apply to our confirmation and all subsequent SMS correspondence. All charges are billed by and payable to your mobile service provider. A Promised Place will not be liable for any delays in the receipt of any SMS messages, as delivery is subject to effective transmission from your network operator.
6.1 The Website may also permit users to post their own content on the Website ("User Submissions"). You understand that whether or not User Submissions are published, A Promised Place does not guarantee any confidentiality with respect to any such submissions.
6.2 You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. You agree that A Promised Place has no liability with respect to any User Submissions, including, without limitation, your own submissions, and you hereby irrevocably release A Promised Place and its officers and directors, employees, agents, representatives and affiliates, from any and all liability arising out of or relating to User Submissions or any part thereof. In connection with your User Submissions, you affirm, represent, and warrant that you can and will demonstrate to A Promised Place's full satisfaction upon its request that the posting of your User Submission on or through the Website does not violate the privacy rights, publicity rights, copyrights, contract rights, or any other rights of any person or entity. You agree to pay all royalties, fees, and other monies owing any person or entity by reason of any content posted by you to or through the Website. By submitting your User Submissions to the Website, you give A Promised Place all non-exclusive rights and licenses necessary to use and otherwise exploit such User Submissions for any purpose in connection with the Website and A Promised Place’s other related services. These rights are irrevocable, but you remain the owner of the User Submissions that you create. You also hereby do and shall grant each user of the Website a non-exclusive license to access your User Submissions through the Website, and to use, modify, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Website and under this Agreement.
6.3 In connection with User Submissions, you further agree that you will not: (i) publish falsehoods or misrepresentations; (ii) submit material that is unlawful, obscene, lewd, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, excessively violent, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate or objectionable; (iii) post advertisements or solicitations of business; or (iv) impersonate another person. A Promised Place does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and A Promised Place expressly disclaims any and all responsibility or liability in connection with User Submissions.
6.4 A Promised Place reserves the right to decide whether Content or a User Submission is inappropriate, or violates this Agreement, including without limitation, due to violations of intellectual property law, pornography, obscene or defamatory material, or excessive length. A Promised Place also reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages and User Submissions) by you, or to restrict, suspend or terminate your access to all or any part of the Website at any time, for any reason, without prior notice. Notwithstanding the foregoing, A Promised Place assumes no responsibility for monitoring the Website, Content, or User Submissions for inappropriate conduct, or modifying or removing such conduct, Content or User Submissions from the Website.
6.5 It is A Promised Place's policy to (1) block access to or remove Content that it believes in good faith to be copyrighted material that has been illegally copied, displayed or distributed by any of our advertisers, affiliates, content providers, members or users; and (2) remove and discontinue services to repeat offenders.
6.6 A Promised Place reserves the right to discontinue any aspect of the Website at any time.
Certain products and services featured on the Website are offered by third parties (“Merchants”). When you select a Merchant’s product or service featured on the Website, you are redirected to the Merchant’s website. Any purchase is made directly from such Merchant, not from A Promised Place, though A Promised Place may earn a commission from the Merchant when you make a purchase through a link on the Website or using a promotional code provided by A Promised Place. Product and service descriptions and specifications are subject to change. Product and service descriptions and other information on the Website may be incorrect, incomplete or not current. A Promised Place assumes no responsibility for the accuracy of such information.
THE INFORMATION (INCLUDING, WITHOUT LIMITATION, ADVICE AND RECOMMENDATIONS) ON THE WEBSITE IS NOT INTENDED AS MEDICAL, LEGAL OR FINANCIAL ADVICE. IT IS ALSO NOT INTENDED AS A SUBSTITUTE FOR PROFESSIONAL ADVICE OR SERVICES FROM A QUALIFIED PROVIDER FAMILIAR WITH YOUR UNIQUE FACTS. YOUR USE OF THE WEBSITE IS SUBJECT TO THE ADDITIONAL DISCLAIMERS AND CAVEATS THAT MAY APPEAR THROUGHOUT THE WEBSITE AND ARE INCORPORATED HEREIN BY THIS REFERENCE.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, A Promised Place, ITS SUPPLIERS AND LICENSORS, THE MERCHANTS, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, NEITHER A Promised Place NOR ITS SUPPLIERS NOR LICENSORS, NOR ANY MERCHANTS, NOR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, MAKES ANY WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THE WEBSITE, OR ASSUME ANY LIABILITY OR RESPONSIBILITY FOR 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 THE WEBSITE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF THE SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY; AND/ OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE.
A Promised Place DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY CONTENT, PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY ADVERTISING, AND A Promised Place WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF CONTENT, PRODUCTS OR SERVICES. THE WEBSITE IS CONTROLLED AND OFFERED BY A Promised Place FROM ITS FACILITIES IN THE UNITED STATES OF AMERICA. A Promised Place MAKES NO REPRESENTATIONS THAT THE WEBSITE IS APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE THE WEBSITE FROM OTHER JURISDICTIONS ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.
You agree to defend, indemnify and hold harmless A Promised Place, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, demands, and expenses (including but not limited to, attorneys' fees) arising from: (i) your use of and access to the Website or any Content that you post thereon; (ii) your violation of any term of this Agreement or of your representations and warranties set forth herein; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party.
By using the Website, you represent and warrant that (i) all registration information you submit is accurate and truthful; (ii) you will maintain the accuracy of such information; (iii) you are 18 years of age or older (if you are agreeing to these terms and conditions on behalf of a minor, you certify to A Promised Place that you are such minor’s legal guardian); and (iv) your use of the Website does not violate any applicable law or regulation. Your membership may be terminated without warning if A Promised Place believes that you are under 18 years of age or that your legal guardian did not authorize your Website membership.
IN NO EVENT SHALL A Promised Place, ITS SUPPLIERS, merchants, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING LOST PROFITS, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT A Promised Place 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. SUBJECT TO THE FOREGOING, A Promised Place'S LIABILITY TO YOU FOR ANY REASON, WILL BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO A Promised Place FOR SERVICES IN CONNECTION WITH THE WEBSITE.
YOU SPECIFICALLY ACKNOWLEDGE THAT A Promised Place SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS SOLELY AND ENTIRELY WITH YOU. furTHER, A Promised Place ASSUMES NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE INFORMATION, SERVICES, OR OTHER MATERIAL ON THE WEBSITE. A Promised Place WILL NOT BE RESPONSIBLE FOR, ANY DAMAGE OR LOSS RELATED TO THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE INFORMATION ON THE WEBSITE.
You may not transfer or assign this Agreement or any rights and licenses granted hereunder without A Promised Place's prior written consent; any purported assignment in violation of the foregoing shall be void and without effect. A Promised Place may freely transfer, assign, or delegate this Agreement, and any of its rights or obligations hereunder.
If any provision of this Agreement is deemed invalid or unenforceable by an arbitrator or court of competent jurisdiction, the invalidity or unenforceability of such provision shall not affect the validity or enforceability of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and A Promised Place's failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision. YOU AND A Promised Place AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.