COPTICWORLD.ORG TERMS OF USE and USER AGREEMENT
1. ACCEPTANCE OF TERMS
CopticWorld.org provides a collection of online
resources, including classified
ads, forums, and various email services, ("
Service") subject to the following Terms of Use ("TOU"). By using the
Service
in any way, you are agreeing to comply with the TOU. In addition,
when using
particular CopticWorld.org services, you agree to abide by any
applicable posted
guidelines for all CopticWorld.org services, which may
change from time to time.
Should you object to any term or condition
of the TOU, any guidelines,
or any subsequent modifications thereto or
become dissatisfied with CopticWorld.org
in any way, your only recourse is to
immediately discontinue use of CopticWorld.org.
CopticWorld.org has
the right, but is not obligated, to strictly enforce the TOU
through
self-help, community moderation, active investigation, litigation and
prosecution.
These TOUs govern your access to and use of the services and CopticWorld.org’s website(s), and any information, text, graphics, or other materials uploaded, downloaded or appearing on the Services (“Content”). Your access to and use of the Services is conditioned on your acceptance of and compliance with these YOUs. By accessing or using the Services you agree to be bound by these TOUs.
2. MODIFICATIONS TO THIS AGREEMENT
We
reserve the right, at our sole discretion, to change, modify or otherwise
alter these terms and conditions at any time. Such modifications shall
become
effective immediately upon the posting thereof. You must review this
agreement
on a regular basis to keep yourself apprised of any changes.
Even if you fail to review the TOU, you will still be
bound by its terms, whether substantially changed or identical to the TOUs that
were in place when you first joined CopticWorld.org.
3. CONTENT
You
understand that all postings, messages, text, files, images, photos,
video,
sounds, or other materials and other Content posted on, transmitted
through,
or linked from the Service, are the sole responsibility of the
person from
whom such Content originated. More specifically, you are
entirely
responsible for each individual item ("Item") of Content that you
post,
email or otherwise make available via the Service. You understand that
CopticWorld.org does not control, and is not responsible for Content made
available
through the Service, and that by using the Service, you may be
exposed to
Content that is offensive, indecent, inaccurate, misleading, or
otherwise
objectionable.
Furthermore, the CopticWorld.org site and Content
available through
the Service may contain links to other websites, which are
completely
independent of CopticWorld.org. CopticWorld.org makes no
representation or warranty as
to the accuracy, completeness or authenticity
of the information contained
in any such site. Your linking to any
other webites is at your own risk.
You agree that you must evaluate, and
bear all risks associated with, the
use of any Content, that you may not
rely on said Content, and that under no
circumstances will CopticWorld.org
be liable in any way for any Content or for
any loss or damage of any kind
incurred as a result of the use of any Content
posted, emailed or otherwise
made available via the Service. You acknowledge
that CopticWorld.org does
not pre-screen or approve Content, but that CopticWorld.org
shall have the
right (but not the obligation) in its sole discretion to
refuse, delete or
move any Content that is available via the Service, for
violating the letter
or spirit of the TOU or for any other reason.
4. THIRD PARTY CONTENT, SITES, AND
SERVICES
The
CopticWorld.org site and Content available through the Service may contain
features and functionalities that may link you or provide you with access
to third party content which is completely independent of CopticWorld.org,
including web sites, directories, servers, networks, systems, information
and databases, applications, software, programs, products or services,
and the Internet as a whole.
Your interactions with organizations and/or individuals
found on or through
the Service, including payment and delivery of goods or
services, and any
other terms, conditions, warranties or representations
associated with such
dealings, are solely between you and such organizations
and/or individuals.
You should make whatever investigation you feel
necessary or appropriate
before proceeding with any online or offline
transaction with any of these
third parties.
You agree that CopticWorld.org shall not be responsible
or liable for any loss or
damage of any sort incurred as the result of any
such dealings. If there is
a dispute between participants on this site, or
between users and any third
party, you understand and agree that
CopticWorld.org is under no obligation to
become involved. In the event that
you have a dispute with one or more other
users, you hereby release
CopticWorld.org, its officers, employees, agents and
successors in rights
from claims, demands and damages (actual and
consequential) of every kind or
nature, known or unknown, suspected and
unsuspected, disclosed and
undisclosed, arising out of or in any way related
to such disputes and / or
our service.
5. COPYRIGHT POLICY
CopticWorld respects the intellectual property rights of others and expects users of the site to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide us with the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) 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 us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have 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; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
We reserve the right to remove Content alleged to be infringing without prior notice and at our sole discretion. In appropriate circumstances, Twitter will also terminate a user’s account if the user is determined to be a repeat infringer. Our designated copyright agent for notice of alleged copyright infringement appearing on the Services is:
CopticWorld.Org
Attn: Copyright Agent
Address
Address
copyright@copticworld.org
6. PRIVACY AND INFORMATION DISCLOSURE
CopticWorld.org has established a Privacy Policy to
explain to users how their
information is collected and used.
Your use of the CopticWorld.org website or the Service
signifies acknowledgement of
and agreement to our Privacy Policy. You
further acknowledge and agree that
CopticWorld.org may, in its sole
discretion, preserve or disclose your Content,
as well as your information,
such as email addresses, IP addresses, timestamps,
and other user
information, if required to do so by law or in the good faith
belief that
such preservation or disclosure is reasonably necessary to:
comply with
legal process; enforce the TOU; respond to claims that any
Content violates
the rights of third-parties; respond to claims that contact
information
(e.g. phone number, street address) of a third-party has been
posted or
transmitted without their consent or as a form of harassment;
protect the
rights, property, or personal safety of CopticWorld.org, its users or
the
general public. You may access CopticWorld.org’s privacy policy under the tab
marked “Privacy” at the bottom of the sign on screen.
7. CONDUCT
You agree not to post, email, or otherwise make available Content:
a)
that is unlawful, harmful, threatening, abusive, harassing, defamatory,
libelous, invasive of another's privacy, or is harmful to minors in any
way;
b) that is pornographic, appeals to the prurient interest, or depicts a human being engaged in any sexual conduct;
c)
that harasses, degrades, intimidates or is hateful toward an individual or
group of individuals on the basis of religion, gender, sexual orientation,
race, ethnicity, age, or disability;
d)
that violates the Fair Housing Act by stating, in any
notice or ad for
the sale or rental of any dwelling, a discriminatory
preference based on
race, color, national origin, religion, sex, familial status or handicap
(or
violates any state or local law prohibiting discrimination on the
basis of
these or other characteristics);
e)
that violates federal, state, or local equal employment opportunity
laws;
f)
that impersonates any person or entity, including, but not limited to, a
CopticWorld.org employee, or falsely states or otherwise misrepresents your
affiliation with a person or entity (this provision does not apply to
Content
that constitutes lawful non-deceptive parody of public
figures.);
g)
that includes personal or identifying information about another person
without that person's explicit consent;
h)
that is false, deceptive, misleading, deceitful, misinformative, or
constitutes "bait and switch";
i)
that infringes any patent, trademark, trade secret, copyright or other
proprietary rights of any party, or Content that you do not have a right to
make available under any law or under contractual or fiduciary
relationships;
j)
that constitutes or contains "affiliate marketing," "link referral code,"
"junk mail," "spam," "chain letters," "pyramid schemes," or unsolicited
commercial advertisement;
k)
that constitutes or contains any form of advertising or solicitation if:
posted in areas of the CopticWorld.org sites which are not designated for
such
purposes; or emailed to CopticWorld.org users who have not indicated in
writing that
it is ok to contact them about other services, products or
commercial interests.
l)
that advertises any illegal service or the sale of any items the sale of
which is prohibited or restricted by any applicable law;
m)
that contains software viruses or any other computer code, files or
programs
designed to interrupt, destroy or limit the functionality of any
computer
software or hardware or telecommunications equipment;
n)
that disrupts the normal flow of dialogue with an excessive amount of
Content (flooding attack) to the Service, or that otherwise negatively
affects other users' ability to use the Service; or
o)
that employs misleading email addresses, or forged headers or otherwise
manipulated identifiers in order to disguise the origin of Content
transmitted through the Service.
Additionally, you agree not to:
p)
contact anyone who has asked not to be contacted, or make unsolicited
contact with anyone for any commercial purpose;
q) "stalk," bully, or otherwise harass anyone;
r)
collect personal data about other users for commercial or unlawful
purposes;
s)
use automated means, including spiders, robots, crawlers, data mining
tools,
or the like to download data from the Service - unless expressly
permitted
by CopticWorld.org;
t)
attempt to gain unauthorized access to CopticWorld.org’s computer systems or
engage in any activity that disrupts, diminishes the quality of, interferes
with the performance of, or impairs the functionality of, the Service or
the CopticWorld.org website; or
u)
use any form of automated device or computer program that enables the
submission of postings on CopticWorld.org without each posting being
manually
entered by the author thereof (an "automated posting device"),
including
without limitation, the use of any such automated posting device
to submit
postings in bulk, or for automatic submission of postings at
regular intervals.
z)
use any form of automated device or computer program ("flagging tool")
that
enables the use of CopticWorld.org ‘s "flagging system" or other
community
moderation systems without each flag being manually entered by the
person
that initiates the flag (an "automated flagging device"), or use
the
flagging tool to remove posts of competitors, or to remove posts without
a
good faith belief that the post being flagged violates these
TOU;
8. POSTING AGENTS
A
"Posting Agent" is a third-party agent, service, or intermediary
that offers
to post Content to the Service on behalf of others. To
moderate demands on
CopticWorld.org’s resources, you may not use a Posting
Agent to post Content
to the Service without express permission or
license from
CopticWorld.org. Correspondingly, Posting Agents are not
permitted to
post Content on behalf of others, to cause Content to
be so posted, or
otherwise access the Service to facilitate posting
Content on behalf of
others, except with express permission or
license from
CopticWorld.org.
9. NO SPAM POLICY
You
understand and agree that sending unsolicited email advertisements to
CopticWorld.org email addresses or through CopticWorld.org computer systems,
which is
expressly prohibited by these Terms, will use or cause to be used
servers
located in California. Any unauthorized use of CopticWorld.org
computer systems
is a violation of these Terms and certain federal and state
laws, including
without limitation the Computer Fraud and Abuse Act (18 U.S.C. § 1030 et
seq.), Section 502 of the California Penal Code and Section 17538.45 of the
California Business and Professions Code. Such violations may subject
the
sender and his or her agents to civil and criminal
penalties. By violating this policy, you consent to personal jurisdiction in the State of
California.
10. LIMITATIONS ON SERVICE
You
acknowledge that CopticWorld.org may establish limits concerning use of the
Service, including the maximum number of days that Content will be retained
by the Service, the maximum number and size of postings, email messages, or
other Content that may be transmitted or stored by the Service, and the
frequency with which you may access the Service. For
example, CopticWorld does not archive live streaming of any Coptic Orthodox
Church liturgies, vesper prayers, and the like.
You
agree that CopticWorld.org has no responsibility or liability for the deletion
or failure to store any Content maintained or transmitted by the Service. You
acknowledge that
CopticWorld.org reserves the right at any time to modify or
discontinue the
Service (or any part thereof) with or without notice, and
that CopticWorld.org
shall not be liable to you or to any third party for any
modification,
suspension or discontinuance of the Service.
11. ACCESS TO THE SERVICE
CopticWorld.org grants you a limited, revocable,
nonexclusive license to access
the Service for your own personal use.
This license does not include:
(a) access to the Service by Posting Agents;
or (b) any collection,
aggregation, copying, duplication, display or
derivative use of the Service
nor any use of data mining, robots, spiders,
or similar data gathering and
extraction tools for any purpose unless
expressly permitted by CopticWorld.org.
A limited exception to (b) 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 the Service,
provided they each do so
from a stable IP address or range of IP addresses
using an easily
identifiable agent and comply with our robots.txt file.
"General purpose
internet search engine" does not include a website or
search engine or other
service that specializes in classified listings
or in any subset of
classifieds listings such as jobs, housing, for sale,
services, or
personals, or which is in the business of providing classified
ad listing
services.
CopticWorld.org offers various parts of the Service in
RSS format so that users
can embed individual feeds into a personal website
or blog, or view postings
through third party software news
aggregators. CopticWorld.org permits you to
display, excerpt from, and
link to the RSS feeds on your personal website
or personal web blog,
provided that (a) your use of the RSS feed is for
personal, non-commercial
purposes only, (b) each title is correctly linked
back to the original post
on the Service and redirects the user to the
post when the user clicks on
it, (c) you provide, adjacent to the RSS
feed, proper attribution to
CopticWorld.org as the source, (d) your use or
display does not suggest that
CopticWorld.org promotes or endorses any third
party causes, ideas, web
sites, products or services, (e) you do not
redistribute the RSS feed, and
(f) your use does not overburden
CopticWorld.org’s systems.
CopticWorld.org reserves all rights in the content of
the RSS feeds and may
terminate any RSS feed at any time.
Use
of the Service beyond the scope of authorized access granted to you by
CopticWorld.org immediately terminates said permission or license. In
order to
collect, aggregate, copy, duplicate, display or make derivative use
of the
the Service or any Content made available via the Service for other
purposes (including commercial purposes) not stated herein, you must first
obtain a license from CopticWorld.org.
Notwithstanding the foregoing, you are prohibited from displaying, using, copying, transmitting or any way sharing the CopticWorld.org’s logo, trademark, service mark, registration or other intellectual property without the express written permission of the copyright agent whose address is provided above.
13. TERMINATION OF SERVICE
You
agree that CopticWorld.org, in its sole discretion, has the right (but not
the obligation) to delete or deactivate your account, block your email or
IP
address, or otherwise
terminate your access to or use of the Service (or any
part thereof),
immediately and without notice, and remove and discard any
Content within
the Service, for any reason, including, without limitation,
if
CopticWorld.org believes that you have acted inconsistently with the letter or
spirit of the TOU. Further, you agree that CopticWorld.org shall not be
liable
to you or any third-party for any termination of your access to the
Service.
Further, you agree not to attempt to use the Service after
said termination.
Sections 2, 4, 6 and 10-16 shall survive termination
of the TOU.
14. PROPRIETARY RIGHTS
The
Service is protected to the maximum extent permitted by copyright laws
and international treaties. Content displayed on or through the Service is
protected by copyright as a collective work and/or compilation, pursuant to
copyrights laws, and international conventions. Any reproduction,
modification, creation of derivative works from or redistribution of the
site or the collective work, and/or copying or reproducing the sites
or
any portion thereof to any other server or location for further
reproduction
or redistribution is prohibited without the express
written consent of
CopticWorld.org. You further agree not to reproduce,
duplicate or copy
Content from the Service without the express written
consent of
CopticWorld.org, and agree to abide by any and all copyright notices
displayed on the Service. You may not decompile or disassemble, reverse
engineer or otherwise attempt to discover any source code contained in the
Service. Without limiting the foregoing, you agree not to reproduce,
duplicate, copy, sell, resell or exploit for any commercial purposes, any
aspect of the Service.
Although CopticWorld.org does not claim ownership of
content that its users post,
by posting Content to any public area of the
Service, you automatically
grant, and you represent and warrant that you
have the right to grant, to
CopticWorld.org an irrevocable, perpetual,
non-exclusive, fully paid, worldwide
license to use, copy, perform, display,
and distribute said Content and to
prepare derivative works of, or
incorporate into other works, said Content,
and to grant and authorize
sublicenses (through multiple tiers) of the
foregoing. Furthermore, by
posting Content to any public area of the Service,
you automatically grant
CopticWorld.org all rights necessary to prohibit any
subsequent aggregation,
display, copying, duplication, reproduction, or
exploitation of the Content
on the Service by any party for any purpose.
15. DISCLAIMER OF WARRANTIES
YOU
AGREE THAT USE OF THE COPTICWORLD.ORG SITE AND THE SERVICE IS ENTIRELY AT YOUR
OWN RISK. THE COPTICWORLD.ORG SITE AND THE SERVICE ARE PROVIDED ON AN "AS IS" OR
"AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND
IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF
PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY
LAW. TO THE FULLEST EXTENT PERMITTED BY LAW,
COPTICWORLD.ORG DISCLAIMS
ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND
PERFORMANCE OF THE COPTICWORLD.ORG SITE AND THE SERVICE. TO THE FULLEST
EXTENT PERMITTED BY LAW, COPTICWORLD.ORG DISCLAIMS ANY WARRANTIES FOR OTHER
SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE
COPTICWORLD.ORG SITE
OR THE SITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE COPTICWORLD.ORG
SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, COPTICWORLD.ORG DISCLAIMS
ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE
COPTICWORLD.ORG SITE OR THE SERVICE. Some jurisdictions do
not allow
the disclaimer of implied warranties. In such jurisdictions, some
of
the foregoing disclaimers may not apply to you insofar as they relate to
implied warranties.
16. LIMITATIONS OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL COPTICWORLD.ORG BE LIABLE
FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF
COPTICWORLD.ORG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING
FROM ANY ASPECT OF YOUR USE OF THE COPTICWORLD.ORG SITE OR THE SERVICE, WHETHER
THE DAMAGES ARISE FROM USE OR MISUSE OF THE COPTICWORLD.ORG SITE OR THE SERVICE,
FROM
INABILITY TO USE THE COPTICWORLD.ORG SITE OR THE SERVICE, OR THE
INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE
COPTICWORLD.ORG SITE OR THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH
RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED
THROUGH OR ADVERTISED IN CONNECTION WITH THE COPTICWORLD.ORG SITE OR THE SERVICE
OR ANY LINKS ON THE COPTICWORLD.ORG SITE, AS WELL AS BY REASON OF ANY
INFORMATION OR
ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE
COPTICWORLD.ORG SITE OR THE SERVICE OR ANY LINKS ON THE COPTICWORLD.ORG
SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY
LAW. In some jurisdictions,
limitations of liability are not
permitted. In such jurisdictions, some of
the foregoing limitation may
not apply to you.
17. INDEMNITY
You
agree to indemnify and hold CopticWorld.org, its officers, subsidiaries,
affiliates, successors, assigns, directors, officers, agents, service
providers, suppliers and employees, harmless from any claim or demand,
including reasonable attorney fees and court costs, made by any third party
due to or
arising out of Content you submit, post or make available through
the
Service, your use of the Service, your violation of the TOU, your
breach of
any of the representations and warranties herein, or your
violation of any
rights of another.
18. GENERAL INFORMATION
The
TOU constitute the entire agreement between you and CopticWorld.org and
govern your use of the Service, superceding any prior agreements between you
and CopticWorld.org. The TOU and the relationship between you and
CopticWorld.org
shall be governed by the laws of the State of California
without regard to
its conflict of law provisions. You and CopticWorld.org
agree to submit to the
personal and exclusive jurisdiction of the courts
located within the county
of Barstow, California. The failure of
CopticWorld.org to exercise or
enforce any right or provision of the TOU
shall not constitute a waiver of
such right or provision. If any provision
of the TOU is found by a court
of competent jurisdiction to be invalid, the
parties nevertheless agree that
the court should endeavor to give effect to
the parties' intentions as
reflected in the provision, and the other
provisions of the TOU remain in
full force and effect. You agree that
regardless of any statute or law to
the contrary, any claim or cause of
action arising out of or related to use
of the Service or the TOU must be
filed within one (1) year after such
claim or cause of action arose or be
forever barred.
19. VIOLATION OF TERMS AND LIQUIDATED
DAMAGES
Please report any violations of the TOU, by flagging the
posting(s) for
review, or by emailing to:
support@CopticWorld.org
Our
failure to act with respect to a breach by you or others does not waive our
right to act with respect to subsequent or similar breaches.
You
understand and agree that, because damages are often difficult to quantify,
if it becomes necessary for CopticWorld.org to pursue legal action to
enforce these
Terms, you will be liable to pay CopticWorld.org the following
amounts as liquidated
damages, which you accept as reasonable estimates of
CopticWorld.org’s damages for
the specified breaches of these
Terms:
a.
If you post a message that (1) impersonates any person or entity; (2)
falsely states or otherwise misrepresents your affiliation with a person or
entity; or (3) that includes personal or identifying information about
another person without that person's explicit consent, you agree to pay
CopticWorld.org ten thousand dollars ($10,000) for each such message.
This provision does not apply to Content that constitutes lawful
non-deceptive
parody of public figures.
b.
If CopticWorld.org establishes limits on the frequency with which you may
access the Service, or terminates your access to or use of the Service, you
agree to pay CopticWorld.org five hundred dollars ($500) for each message
posted
in excess of such limits or for each day on which you access
CopticWorld.org in
excess of such limits, whichever is higher.
c.
If you send unsolicited email advertisements to CopticWorld.org email
addresses or through CopticWorld.org computer systems, you agree to pay
CopticWorld.org one hundred dollars ($100 for each such email.
d.
If you post Content in violation of the TOU, other than as described
above,
you agree to pay CopticWorld.org one
thousand dollars ($1000) for each
Item of Content posted. In
its sole discretion, CopticWorld.org may elect
to issue a warning before
assessing damages.
e.
If you are a Posting Agent that uses the Service in violation of the
TOU, in
addition to any liquidated damages under clause (d), you agree to
pay
CopticWorld.org one thousand dollars ($1000) for each and every Item you
post
in violation of the TOU. A Posting Agent will also be deemed an
agent of
the party engaging the Posting Agent to access the Service
(the
"Principal"), and the Principal (by engaging the Posting Agent
in
violation of the TOU) agrees to pay CopticWorld.org an additional one thousand
dollars ($1000) for
each Item posted by the Posting Agent on behalf of
the Principal in violation
of the TOU.
f.
If you aggregate, display, copy, duplicate, reproduce, or otherwise
exploit
for any purpose any Content (except for your own Content) in
violation of
these Terms without CopticWorld.org express written permission,
you agree to
pay CopticWorld.org five thousand dollars ($5,000) for each day
on which you
engage in such conduct.
Otherwise, you agree to pay CopticWorld.org’s actual
damages, to the extent such
actual damages can be reasonably calculated.
Notwithstanding any other
provision of these Terms, CopticWorld.org retains
the right to seek the remedy
of specific performance of any term contained in these
Terms, or a preliminary
or permanent injunction against the breach of any
such term or in aid of the
exercise of any power granted in these Terms, or
any combination thereof.
20. FEEDBACK
We welcome your questions and comments on this document at: