REFORMED UNIVERSITY MINISTRIES TERMS AND CONDITIONS OF WEB SITE USE
as of February 4, 2003
Set forth below are the terms and conditions (the "Terms and Conditions") governing the RUF.org web site located at, or linked to through, the root URL www.RUF.org, which may expand or change from time to time (the "Website"). As used herein, the term "RUF.org" refers to Reformed University Ministries, the sole owner and operator of the Website; the term "you" or "your" refers to an individual, representing yourself or, if applicable, acting as legal representative for a group, business entity or corporation.
CAREFULLY READ THESE TERMS AND CONDITIONS. BY AVAILING YOURSELF OF THE WEBSITE, YOU ARE CONSENTING TO BE BOUND BY THESE TERMS AND CONDITIONS AS SUCH TERMS MAY BE MODIFIED FROM TIME TO TIME AS DESCRIBED BELOW.Use of Materials Found on the Website: The information, artwork, text, video, pictures and other intellectual property (collectively, "Materials") contained on the Website are protected by copyright and international laws. You may not reproduce, distribute, publicly perform, publicly display or modify the Materials, nor create derivative works thereof, unless authorized by the appropriate copyright owner(s). You may, however, reproduce and distribute any digital audio files contained on the Website. RUF.org encourages the purely non-commercial distribution of such audio files, provided that no commercial gain may be sought by individuals or websites offering digital audio files obtained from the Website. In the event that you print Materials found on the Website, you must include any copyright notice originally included with the Materials on all copies. You may not link directly to any media file located on an RUF.org server, and you should not attempt to "pass off" any Materials as your own work.
Copyright and Trademark Infringement: RUF.org does not own the musical compositions (the "Content") contained on the Website. All Content is posted pursuant to the permission of the individual, group or company (collectively, the "Artist") who has represented and warranted to RUF.org that, among other things, neither the Content nor the names, trademarks and service marks under which Content is promoted infringes any third party's copyright, patent, trademark, trade secret or other proprietary rights, rights of publicity or privacy, or moral rights. With respect to the public performance of the Content contained on the Website, you are strongly encouraged to register such use with Christian Copyright Licensing International (“CCLI”). Please consult the CCLI website at “www.CCLI.com”. If your public performance of the Content takes place in a church or other venue which reports to CCLI, please notify a representative thereof so that such performance(s) may be properly reported.Sites Linked From the Website: Links to third-party web sites from the Website, if any, are not necessarily under RUF.org's control, and RUF.org does not assume any responsibility or liability for any content, opinions or materials available at such third-party web sites. RUF.org does not investigate, monitor or check for accuracy such third-party web sites and RUF.org does not intend any such links to third-party web sites to imply RUF.org's sponsorship or endorsement thereof. Your use of such web sites is at your own risk.
Modification of Terms and Conditions: RUF.org may modify these Terms and Conditions from time to time in its sole discretion. When such modification is made, RUF.org will post a revised version of these Terms and Conditions on the Website. Modifications will be effective when they are posted. RUF.org is not required to provide you with notification that any such modification has been made. It is your responsibility to review these Terms and Conditions from time to time to be aware of any such modifications. Each time you access the Website, you will be deemed to have accepted any such modifications.
WARRANTY DISCLAIMER: YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE, THE MATERIALS AND/OR THE CONTENT IS AT YOUR SOLE RISK. THE WEBSITE, MATERIALS AND CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. RUF.ORG MAKES NO REPRESENTATIONS OR WARRANTIES WITH REGARD TO THE WEBSITE, MATERIALS AND/OR CONTENT, WHETHER EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OR ANY IMPLIED WARRANTY ARISING OUT OF COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE. IN ADDITION, RUF.ORG MAKES NO REPRESENTATION THAT THE OPERATION OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE. RUF.ORG WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS ON THE WEBSITE. UNDER NO CIRCUMSTANCE WILL RUF.ORG BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE WEBSITE OTHER THAN AS REQUIRED UNDER APPLICABLE CONSUMER-PROTECTION LAW, INCLUDING, WITHOUT LIMITATION, INFORMATION CONCERNING COPYRIGHT OWNERSHIP WITH RESPECT TO THE CONTENT CONTAINED ON THE WEBSITE. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN WARRANTIES OR LIMITATION OF CERTAIN TYPES OF DAMAGES, SO SOME OF THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU AND NOTHING CONTAINED HEREIN SHOULD BE CONSTRUED AS EXCLUDING OR LIMITING ANY LIABILITY BEYOND WHAT IS PERMITTED UNDER APPLICABLE LAW.Limitation of Liability: By availing yourself of the Website, Content and/or Materials, you agree to release and hold RUF.org and the employees, officers, directors, shareholders, agents, representatives of RUF.org, its affiliates, subsidiaries, advertising, promotion and fulfillment agencies, any entity controlling, controlled by or under common control with RUF.org, any third-party providers or sources of information or data and legal advisers (collectively, "RUF.org Affiliates") harmless from any and all losses, damages, rights, claims and actions of any kind arising from or related to the Website, Content and/or Materials including but not limited to: (a) telephone, electronic, hardware or software, network, Internet or computer malfunctions, failures or difficulties of any kind; (b) failed, incomplete, garbled or delayed computer transmissions; (c) any condition caused by events beyond the control of RUF.org that may cause the Website or related services to be disrupted or corrupted; (d) any injuries, losses or damages of any kind arising in connection with or as a result of your use of the Website, Content and/or Materials; or (e) any printing or typographical errors in any materials associated with the Website, Content and/or Materials. In addition, you agree to defend, indemnify and hold RUF.org Affiliates harmless from any claim, suit or demand, including reasonable attorney's fees, made by a third party due to or arising out of your utilizing the Website, Content and/or Materials, your violation or breach of these Terms and Conditions, your violation of any rights of a third party, or any other act or omission by you. IN NO EVENT WILL RUF.ORG BE LIABLE FOR ANY INDIRECT, STATUTORY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF REVENUE ARISING OUT OF YOUR AVAILMENT OF CONTENT AND/OR MATERIALS (HOWEVER ARISING, INCLUDING NEGLIGENCE), EVEN IF RUF.ORG WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
General Provisions: These Terms and Conditions are governed in all respects by the laws of the State of Tennessee as such laws are applied to agreements entered into and to be performed entirely within Tennessee. Legal proceedings related to the matters herein shall be brought in and adjudicated solely in the courts of Nashville, Tennessee. Both parties consent to extra-territorial service of process and submit to the jurisdiction of said courts. If any provision of these Terms and Conditions is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. RUF.org's failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. These Terms and Conditions set forth the entire understanding and agreement of the parties as to the subject matter hereof and supersede all prior proposals, discussions or agreements with respect thereto. A printed version of these Terms and Conditions and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.