A. General Restrictions on Use of Website and Content- The Website is for use only by persons 18 years or older. As used throughout this Agreement, the term “Content” means and includes, without limitation, text, editorials, comments, writings, information (personal or otherwise), photos, images, artwork, graphics, videos, audios, animations, music, liner notes, lyrics, and other elements and materials, in any media or format now known or hereinafter devised, whether physical, electronic, digital, analog or otherwise.
When using the Website, you agree that you will not do any of the following:
1. Revise or alter Content on the Website (unless you posted it), and you agree not to post or use any Content in any manner that (a) infringes the copyright, trademark, trade secret, or other intellectual property or proprietary right of others, (b) violates the privacy, publicity, or other rights of third parties, (c) is discriminatory, defamatory, obscene, threatening, abusive, or hateful, as determined by us in our sole discretion, (d) is false or inaccurate, (e) violates any law, civil or criminal, or (f) violates these Terms.
2. Modify or create any derivative product based on the Website, or any Content not owned by you. You may not decompile, disassemble, reverse engineer or otherwise attempt to obtain or perceive the source code from which any component of the Website is compiled or interpreted, and nothing in these Terms should be interpreted as granting you any right to obtain or use source code.
4. Copy, replicate, transcribe or reproduce the “look and feel” of the Website, including its features and functionalities.
5. Copy, modify or distribute rights or Content (that it is not yours) from the Website or that infringes copyrights and trademarks, including creating derivative works.
6. Harvest, mine, or otherwise collect and store information about other users of the Website, including contact information, without their consent.
7. Use the Website for illegal purposes or for promotion of dangerous activities.
8. Allow usage by others in such a way as to violate these Terms.
9. Forge headers or otherwise manipulate identifiers to disguise the origin of any Content transmitted or received.
10. Upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).
11. Use the Website to: (a) violate any local, state, national or international law, (b) stalk, harass or harm another individual, (c) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity, including but not limited to, us, or our respective staff members, employees, or hosts, (d) provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated as a foreign terrorist organization, (e) interfere with or disrupt the Website, or servers or networks connected to the Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website, (f) generate unsolicited email advertisements, chain letters, junk mail, spam or allow, enable, or otherwise support the transmission of mass unsolicited, commercial advertising or solicitations via e-mail (spam), (g) attempt to gain unauthorized access to the Website, other accounts, computer systems, or networks connected to the Website through hacking, password mining or any other means, or obtain or attempt to obtain any materials or information through any means not intentionally made available through the Website, (h) upload, post, email, transmit, distribute or otherwise make available any material that contains viruses, computer code or any other technologies that may harm us or our interests, Content or property of visitors or users of the Website or limit the functionality of any software, hardware or other equipment, (i) circumvent, disable or otherwise interfere with security-related features of the Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website or the Content therein, (j) without our written consent, use any high volume, automated, or electronic means to access the Website (including, without limitation, robots, offline readers, spiders or scripts), (k) without our written consent frame the Website, place pop-up windows over its pages, or otherwise affect the display of its pages, or (l) resell or sublicense access to the Website to any third party.
B. Website Content / Access to Website/ Limited License – You may access Content on the Website for your personal (non-commercial) use solely and as permitted under these Terms. Except as provided in this Agreement or as explicitly allowed by the Website, you may not copy, download, stream, capture, reproduce, duplicate, archive, upload, modify, translate, publish, broadcast, transmit, retransmit, distribute, perform, display, sell, frame or deep-link, make available, or otherwise use any Content contained in the Website.
Except with respect to Content in which you own the intellectual property rights, we and/or our vendors and suppliers, as applicable, retain all right, title and interest in and to the Website and the Content, and all tools, and all related intellectual property rights. The Website as a whole is copyrighted as a collective work and individual works or content appearing on or accessible through the Website owned by or licensed to us by content providers are likewise subject to copyright protection domestically and internationally. Certain of the names, logos, distinctive features, source identifiers and other materials displayed on the Website, including its “look and feel”, may constitute trademarks, trade names, service marks, trade dress or logos (“Marks”) of us or other entities. All Marks not owned by us that appear on the Website are the property of their respective owners. You are not authorized to use any such Marks. Ownership of all such Marks and the goodwill associated therewith remains with us or those other entities. Unless you first obtain the copyright owner’s prior written consent, you may not copy, distribute, publicly perform, publicly display, digitally perform (in the case of sound recordings), or create derivative works from any copyrighted work made available or accessible via the Website.
If the Website allows you to submit Content to be viewed by other users of the Website, you should only provide Content that you are comfortable sharing with others under these Terms. All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. You shall be solely responsible for your own Content and the consequences of submitting and publishing your Content on the Website. In such case, you affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish Content you submit, and you hereby grant a license to us to use all patent, trademark, trade secret, copyright or other proprietary rights in and to such Content for publication on the Website pursuant to these Terms. For clarity, you retain all of your ownership rights in your own Content. However, by submitting Content to us, you hereby grant us a worldwide, perpetual, non-exclusive, royalty-free, sublicenseable through multiple tiers and transferable license to use, copy, reproduce, process, adapt, modify, publish, transmit, distribute, prepare derivative works of, display, and perform the Content in connection with providing the Website in any media formats and through any media channels (now known or later developed). We may modify or adapt your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media. You also hereby grant each user of the Website a non-exclusive license to access your Content, and to use, reproduce, distribute, display and perform such Content as permitted through the functionality of the Website and under these Terms. The above licenses granted by you in Content you submit to the Website will survive even if you remove or delete your Content from the Website. The above licenses granted by you in user comments you submit are perpetual and irrevocable. You further warrant that Content you submit to the Website will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have rightful authorization to use it or you are otherwise legally entitled to post the material and to grant us all of the license rights granted herein.
We do not endorse any Content submitted to the Website by any user or other party, or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with Content. We reserve the right to remove Content without prior notice.
We may change, suspend or discontinue the Website (or any feature thereof) at any time. We may also impose limits on certain features and services offered on the Website or restrict your access to parts or all of the Website without notice or liability.
You understand that when using the Website, you may be exposed to Content from a variety of sources, and that we are not responsible for the accuracy, usefulness, or safety of such Content. Nothing in these Terms shall be deemed to confer any rights or benefits to third parties.
D. Governing Law / Exclusive Venue for Disputes – To the fullest extent permitted by law, any and all disputes, claims and controversies arising out of or in connection with this Agreement, your access to, and/or use of the Website shall be governed by and construed exclusively in accordance with the laws and decisions of the State of Georgia applicable to contracts made, entered into and performed entirely therein, and any suit, action or legal proceeding arising out of or relating to this Agreement or your access to, and /or use of the Website shall be brought, heard, and determined exclusively and only in the courts of record of the State of Georgia in Gwinnett County or in the district court of the United States for the North District of Georgia, and each of the parties hereto waives irrevocably the defense of inconvenient forum to the maintenance of such suit, action or legal proceeding in such venues and submits to the exclusive jurisdiction of such courts.
E. DISCLAIMERS, LIMITATIONS AND EXCLUSIONS OF LIABILITY
NO WARRANTIES – THE WEBSITE (WHICH INCLUDES ALL CONTENT, AND ANY PRODUCT OR SERVICES THAT MAY BE OFFERRED THEREON) IS PROVIDED ‘AS IS.’ TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE (AND OUR MANAGERS, MEMBERS, AGENTS OR REPRESENTATIVES) DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, NON-INTERFERENCE, SYSTEM INTEGRATION AND ACCURACY OF DATA. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. WE DO NOT WARRANT THAT YOUR USE OF THE WEBSITE WILL BE UNINTERRUPTED, ERROR -FREE OR VIRUS-FREE. THE DOWNLOAD OR UPLOAD OF ANY CONTENT THROUGH THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT FROM THE DOWNLOAD OR UPLOAD OF ANY SUCH CONTENT OR FROM RELIANCE UPON SUCH CONTENT. WE ARE NOT THE PROVIDER OF, AND MAKES NO WARRANTIES WITH RESPECT TO, ANY THIRD-PARTY OFFERINGS. WE DOES NOT GUARANTEE THE SECURITY OF ANY INFORMATION TRANSMITTED TO OR FROM THE WEBSITE. NO REPRESENTATION OR WARRANTY IS MADE THAT THE WEBSITE PROVIDES COMPREHENSIVE OR ACCURATE INFORMATION. WE RESERVE THE RIGHT TO FILTER, MODIFY OR REMOVE CONTENT, MEDIA, INFORMATION OR ANY OTHER MATERIAL FROM THE WEBSITE.
LIMITATION OF LIABILITY – TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT SHALL WE (OR OUR MANAGERS, MEMBERS, AGENTS OR REPRESENTATIVES) BE LIABLE TO YOU FOR ANY PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, COMPUTER AND/OR DEVICE OR TECHNOLOGY FAILURE OR MALFUNCTION OR FOR ANY FORM OF DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES BASED ON ANY CAUSES OF ACTION ARISING OUT OF USE OF THE WEBSITE OR ANY ALLEGED FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, OR DELAY IN SERVICE, OPERATION, OR TRANSMISSION OF THE WEBSITE, OR ANY ALLEGED COMPUTER VIRUS. YOU AGREE THAT THIS LIMITATION OF LIABILITY APPLIES WHEHER SUCH ALLEGATIONS ARE FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR FALL UNDER ANY OTHER CAUSE OF ACTION, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED.
LIMITATION OF ACTION – TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AGREE THAT ANY CAUSE OF ACTION YOU MAY HAVE ARISING OUT OF OR RELATED TO THIS AGREEMENT, YOUR ACCESS TO, AND/OR USE OF THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER SUCH CAUSE OF ACTION ACCRUES; AFTER SUCH PERIOD, SUCH CAUSE OF ACTION SHALL BE FOREVER BARRED.
F. Indemnification – To the fullest extent permitted by applicable law, you agree to defend, indemnify and hold us (and our managers, members, agents or representatives)harmless from and against any and all third party claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees) arising from any of the following: (1) your use of and access to the Website, (2) your violation of any term of these Terms, (3) your violation of any third party right, including without limitation any copyright, property, or privacy right, or (4) any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive these Terms and your use of the Website.
G. Miscellaneous Matters
- Copyright – If you believe your copyright has been violated by Content or Third-Party Offerings accessible on the Website, please contact us by email at Jeff@jeanniefulbright.com and see Section H below for more information.
- Assignment – These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction.
- Abuse – Please report any problems, offensive content, policy violations and/or abuse to us at Jeff@jeanniefulbright.com.
- Modifications to Terms – We reserve the right to change or replace these Terms in our sole discretion at any time. Such changes, modifications, additions, or deletions shall be effective immediately upon posting unless otherwise indicated. Your continued use of our Website after changes are posted will be deemed to constitute your agreement to and acceptance of such changes. If you object to any such changes, your sole recourse will be to cease using the Website. The “Last Update” notification at the bottom of the page indicates the last time we updated these Terms.
- General Agreement –
(a) You agree to comply with all laws, rules and regulations that apply to your use of the Website.
(c) No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
(d) If any provision of this Agreement shall be held invalid, illegal or unenforceable in any jurisdiction or in any respect, then that provision shall be deemed severable from this Agreement, and the validity, legality and enforceability of the remaining provisions contained in this Agreement shall not in any way be affected or impaired.
(e) The terms and provisions of this Agreement shall not be construed against or in favor of a party hereto merely because such party or its attorney is the draftsman of this Agreement. The captions of paragraphs and sections in this Agreement are for convenience only and shall not be considered or referred to in resolving questions of interpretation or construction.
(f) Nothing contained in this Agreement creates any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and us.
(g) You or we may suspend or terminate your use of the Website at any time, for any reason or for no reason.
(h) We are based in the state of Georgia in the United States and are located at 7320 McGinnis Ferry Road, Suwanee, Georgia 30024. We provide the Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
H. Reporting Claims of Copyright Infringement – We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Website infringe your copyright, you may request removal of those materials (or access to them) from the Website by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCANotice”) must include substantially the following:
- Your physical or electronic signature.
- Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Website, a representative list of such works.
- Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
- Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
- A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the written notice is accurate.
- A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Our designated copyright agent to receive DMCA Notices is:
| ||Jeffrey Fulbright Science For Jesus, LLC|
7320 McGinnis Ferry Road, Suwanee, GA 30024 770-622-2121 Email: Jeff@jeanniefulbright.com
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective. Please be aware that if you knowingly materially misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
It is our policy in appropriate circumstances to prevent users from posting or uploading any Content on the Website who are repeat infringers.
Last Updated: November 19, 2021