Procedure for Making Claims of Copyright and/or Trademark Infringement
We respect the intellectual property of others. If you believe that your work has been copied and is accessible on GospelPundit.com in a way that constitutes copyright and/or trademark infringement, please report the alleged infringement by contacting E.J. Gaines at email@example.com. All allegations of infringement will be addressed as soon as practicable.
You may use GospelPundit.com for lawful purposes only. You may not submit or transmit through GospelPundit.com any material, or otherwise engage in any conduct that:
(1) violates or infringes the rights of others including, without limitation, patent, trademark, trade secret, copyright, publicity or other proprietary rights;
(2) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene or contains explicit or graphic descriptions, or accounts of, sexual acts;
(3) victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
(4) impersonates any person, business or entity, including GospelPundit.com and its employees and agents;
(5) contains viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of a computer or computer network;
(6) encourages conduct that would constitute a criminal offense, or that gives rise to civil liability on any level;
(8) interferes with the use of GospelPundit.com by others.
You may not use GospelPundit.com or to transmit, directly or indirectly, any unsolicited bulk communications (including comments, emails and instant messages). You may not harvest information about our users for any reason whatsoever, including for the purpose of sending, or to facilitate the sending, of unsolicited bulk communications. You may not induce or allow others to use GospelPundit.com to violate the terms of this section. We may terminate your access or use of GospelPundit.com immediately and take any other necessary legal action if you, or anyone using your access to GospelPundit.com, violates these provisions. We may take any technical remedies to prevent unsolicited bulk communications from entering, utilizing, or remaining with in our computer or communications networks.
To the extent permitted by law, and subordinate to the rights of the lawful owners of proprietary information featured and/or included on GospelPundit.com, we own, and reserve all property rights in, all text, messages, comments, information, software, images, audio and video published and/or featured on this site (the “Content”). The Content is protected by international treaties, and by copyright, trademark, patent, and trade secret laws and other proprietary rights at both federal and state levels.
License to Use GospelPundit.com
You may use GospelPundit.com and the Content offered on it only for personal, non-commercial purposes. You may use the Content offered for downloading, such as photos and music, for personal use only and subject to the rules that accompany that particular Content. You may not use the Content in a manner that exceeds the rights granted for your use of the Content. You may not use any data mining, robots, or similar data gathering and extraction tools on the Content, frame any portion of GospelPundit.com or Content, or reproduce, reprint, copy, store, publicly display, broadcast, transmit, modify, translate, port, publish, sublicense, assign, transfer, sell, loan, or otherwise distribute the Content without our prior written consent. You may not circumvent any mechanisms included in the Content for preventing the unauthorized reproduction or distribution of the Content.
User Content Posted Publicly
You must provide, at your own expense, the equipment and Internet connections that you will need to access and fully use GospelPundit.com. You are solely responsible for any costs you incur to access GospelPundit.com through any wireless or other communication service.
No Duty to Monitor
You agree that we are not liable for Content that is provided by others. We have no duty to pre-screen Content, but we have the right to refuse to post or to edit submitted all Content. We reserve the right to remove Content for any reason, but we are not responsible for any failure or delay in removing such material.
Third-Party Sites and Advertisers
GospelPundit.com may include links to third-party websites and/or advertisements of such third parties and their products or services. We may include links provided as automated search results. Some of these sites, products or services may contain materials that are objectionable, unlawful, or inaccurate. The inclusion of such third-party links, products or services on the GospelPundit.com websites does not constitute an official endorsement of these third party sites or services. You acknowledge and agree that we are not responsible or liable for any Content or other materials on these third party sites. Any dealings that you have with advertisers found on GospelPundit.com are between you and the advertiser and you acknowledge and agree that we are not liable for any loss or claim you may have against an advertiser.
Use of Embedded Software
We may embed software from third parties in connection with the display or feature of audio and/or video. Such software will be subject to the terms of the license agreement made available by such third parties. GospelPundit.com is not liable for any loss or claim that you may have against a third party, the software of which has been embedded on the GospelPundit.com website.
Limitation of Liability
Your sole and exclusive remedy for any dispute with us is to discontinue your use of GospelPundit.com.
We shall not be liable for any indirect, special, incidental, consequential or exemplary damages arising from your use of, inability to use, or reliance upon GospelPundit.com. This limitation applies to any claims for lost profits, lost data, loss of goodwill, work stoppage, computer failure or malfunction, or any other commercial damages or losses, even if we knew or should have known of the possibility of such damages.
To the extent that the law of a state or jurisdiction does not allow the exclusion or the limitation of liability for consequential or incidental damages, our liability shall be limited to the fullest extent permitted by law.
Disclaimer of Warranties
GospelPundit.com is provided and presented “as is”, “with all faults” and “as available.” We, nor any party affiliated with us, make no express warranties or guarantees about GospelPundit.com. To the extent permitted by law, we and our affiliates disclaim any and all implied warranties that GospelPundit.com is merchantable, of satisfactory quality, accurate, timely, fit for a particular purpose or need, or non-infringing. We make no guarantee that GospelPundit.com will meet your expected requirements, is error-free, reliable, without service interruption or available at all times. We do not guarantee or ensure that users will receive any anticipated result from the use of GospelPundit.com. We do not guarantee that users will be able to access GospelPundit.com or use it at times or locations of their choosing. No oral or written information from GospelPundit.com will, in any way, constitute or create a warranty. This disclaimer and these terms are subject to, and in no way restrict or limit, those rights under local and federal laws that cannot be so restricted or limited.
Upon request by us, you agree to defend, indemnify, and hold harmless us, and our respective employees, contractors, officers, directors, and agents from all liabilities, claims, and expenses, including attorney’s fees that arise from your use or misuse of GospelPundit.com. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
We make no representation that Content on GospelPundit.com is appropriate or available for use in locations outside the United States, and accessing it from territories where the Content is illegal is prohibited. If you choose to access GospelPundit.com from a location outside the U.S., you do so on your own initiative and you are responsible for compliance with local laws.
Choice of Law and Dispute Resolution
You agree that the laws of the State of New York govern this contract and any claim or dispute that you may have against us, without regard to New York’s conflict of laws rules, and that the United Nations Convention on Contracts for the International Sale of Goods shall have no applicability. You further agree that any disputes or claims that you may have against us will be resolved by binding arbitration in the State of New York.
(1) waiving claims that you might otherwise have against us based on the laws of other jurisdictions, including your own;
(2) irrevocably consenting to the exclusive jurisdiction of, and venue in, the State of New York and the binding arbitration of matters therein over any disputes or claims you may have against us; and
(3) submitting yourself to the personal jurisdiction of the courts located in the State of New York for the purpose of resolving any such disputes or claims.
Termination of Rights
Severability and Integration
Changes to GospelPundit.com
We may discontinue or change any section, concept, service or feature of GospelPundit.com at any time and without notice.
Effective Date: January 8, 2011.