Terms of Service for Concord Online
Terms of Service for Concord Online
Welcome to the Terms of Service for Concord Online available at www.concordworks.com website. Please review these Site Terms of Service, which govern your use of the website and services provided by it.
This Site provides Christian Science study resource services (the “Service”). These Terms of Service have been written to describe the conditions under which this Site is being made available to you. The Terms of Service discuss important limitations about the way you may use and rely upon materials you find on the Site. Read these Terms of Service carefully. By using this Site, you will be deemed to have accepted them. If you do not accept the Terms, you may not use this Site.
In this document, “we” or “us” means The First Church of Christ, Scientist and its directors, officers, employees, agents, representatives, affiliates, contractors, service providers, and/or designees (“TFCCS”); “both of us” means both you and us; “Terms of Service” or “TOS” means this Terms of Service and documents incorporated by reference; “Our Materials” means information, data, text, software, music, sound, photographs, graphics, video, messages or other materials that we may make available through the Service; “Service” means the service we provide you at the Site; “Site” means www.concordworks.com and any other website designated by us as being subject to these Terms of Service; “you” means the person or company using the Services; and “Content” means information, data, text, software, music, sound, photographs, graphics, video, messages or other materials made available through the Service by you.
1. THE SERVICE
We provide you with a variety of items through the Service. Unless explicitly stated otherwise, any new features that augment or enhance the current Service shall be subject to the TOS. The Service is provided “AS-IS,” and we assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Service and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees. In addition, you must provide and are responsible for all equipment necessary to access the Service.
2. USE OF SERVICE
Where you, the User, are a church or organization, your account may be used by one person at a time who occupies a rotating office (such as first Reader). In the case where a seat is assigned to a single computer that provides public access in a public place (such as in a Christian Science Reading Room), the Service may be accessed only from that computer. In addition, you agree not to reveal or give the account password to members of the public.
This website is Copyright © 2012 The Christian Science Board of Directors.
Except as set forth in “Other agreements; software, services or access”, below, we authorize you to use the Service only for your own personal, non-commercial purposes. Use of the Service for any public or commercial purpose (including, without limitation, on another site or through a networked computer environment) is strictly prohibited (except for use on a computer in a public place as noted above). Most material in the Service may be printed, but you may not print where such restriction is noted with the content. If you make copies of any of Our Materials, you must retain on any such copies all copyright and other proprietary notices contained in Our Materials as provided by us. You may not modify, publicly display, publicly perform, or distribute Our Materials. As between you and us, we own the Service, Site, and Our Materials. The Service, Site, and Our Materials are protected under United States and international copyright laws. Any unauthorized use of the Service, Site, or Our materials may violate copyright, trademark, and other laws.
You may not use the Service or software and other materials contained in the Service to produce and distribute print or electronic copies of the Christian Science Quarterly Bible Lessons, copyrighted by The Christian Science Publishing Society (an activity of TFCCS), for general or public distribution through sale, rental, lending, or any other means.
You may not permit use of the Service or software and materials contained in the Service on a computer located in a public place unless you post the following notice near the place of use and encourage compliance therewith: “Concord must be used in accordance with the User License Agreement and/or the online Terms for the program. In this public setting, Concord may not be used to produce printed copies of the Christian Science Quarterly Bible Lessons for personal purposes or for general or public distribution through sale, rental, lending, or any other means; however, the making of such printed copies on an occasional basis for the purpose of organized church activities is not prohibited.”
For permission to use Materials contained in the Service that are not clearly owned by third parties, please e-mail: firstname.lastname@example.org, or write: Permissions, The Christian Science Board of Directors, c/o Office of the Publisher’s Agent, 210 Massachusetts Avenue, Boston, MA 02115 USA.
3. OTHER AGREEMENTS; SOFTWARE, SERVICES OR ACCESS
We may provide software products or services under the terms of a separate agreement between you and a third party (each, an “Other Agreement”). Our obligations with respect to any product, service, or access that it makes available to you under any Other Agreement shall be governed solely by the Other Agreement under which such product or service is provided and this TOS shall not be deemed or construed to alter the terms of such Other Agreements.
For example, the use of Mozilla® Firefox® software and services is governed by the terms of the end user license agreement, if any, which accompanies or is included with such materials (the “License Agreement”). You may not install any software that is accompanied by or includes a License Agreement unless you first have agreed to the License Agreement terms. If no end user license agreement accompanies or is included with such software, then such software shall be deemed to be Our Materials hereunder and these TOS shall govern your use of such software. FURTHER REPRODUCTION OR REDISTRIBUTION OF ANY SOFTWARE IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT ACCOMPANYING OR INCLUDED WITH SUCH SOFTWARE.
The design of the Cross and Crown seal, the Mary Baker Eddy signature, and CONCORD are either trademarks, service marks, or registered trademarks of The Christian Science Board of Directors in the United States and in other countries.
5. YOUR REGISTRATION OBLIGATIONS
Certain portions of the Service may require registration and provision by you of certain information regarding yourself to us. If you register, you represent that you are at least 18 years old and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You must: (a) provide true, accurate, current and complete information about yourself as prompted by the Service’s registration form (such information being the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
6. MEMBER ACCOUNT, PASSWORD AND SECURITY
You may receive or create a password and account designation in order to access this Service. You are responsible for maintaining the confidentiality of the password and account designation, and are fully responsible for all activities that occur under your password or account. You must (a) immediately notify us of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
8. FEES AND SUBSCRIPTION TERMS
You agree to pay us all fees for subscriptions purchased through the Service under your account, at the then-current rates for such subscriptions (including any applicable taxes). We will bill charges through the payment method specified in your account (e.g.
credit card). For any change in fees or in charges for a subscription purchased under your account, we will send you a notice of such change in advance by sending an email to the email address you provide us in your account information. At the end of the trial period (if any), your credit card will be charged at the then-current monthly rate, if you do not cancel. Your paid subscription continues until you cancel it, and your credit card will be charged automatically each month. You will be billed each month on or around the same day as your paid subscription started. If your credit card account number or expiration date changes, please notify us immediately to avoid suspension in access to the Service. You may either log into your account and click on the “My Account” link to make updates, Contact Us, or call 1-888-424-2535. You may cancel your subscription any time, and your access to the Service will stop at the end of the current monthly billing cycle. Once a billing cycle has started, refunds are not available for any unused portion of your subscription for that billing cycle. To cancel a subscription, please use the “my account” feature in the upper right hand corner of any page. Click on the “Manage your subscription” option and then use the cancel feature on the left hand column. For assistance please Contact Us. Please note there are no options for gift subscriptions available at this time. If we use email to send you billing or account notices, we will send them to the email address you provide us when you sign up.
9. OWNERSHIP AND USE OF USER CONTENT
We do not claim ownership of Content you submit or store on the Service. This service does not contain publicly accessible areas where you can share Content. Your Content and password are encrypted, and Content cannot be viewed by us or by our third-party providers. We may access, preserve, and disclose your account information and Content, in encrypted format only, if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect our (or our users or the public’s) rights, property, or personal safety.
The technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
The Service and software embodied within the Service may include security components that permit digital materials to be protected, and use of these materials is subject to usage rules set by us and/or content providers who provide content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.
10. INTERSTATE NATURE OF COMMUNICATIONS ON NETWORK
When you register with us, you acknowledge that in using the Service to send electronic communications, you will be causing communications to be sent through our and our supplier’s computer networks, portions of which may be located in various states in or outside the United States. As a result, of the nature of electronic communications, even communications that seem to be intrastate in nature can result in the transmission of interstate communications regardless of where you are physically located at the time of transmission. Accordingly, by agreeing to this Terms of Service, you acknowledge that use of the Service results in interstate data transmissions.
11. INTERNATIONAL USE
Recognizing the global nature of the Internet, you must comply with all local rules regarding online conduct and acceptable Content. Specifically, you must comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
You hereby indemnify and hold us and our subsidiaries, affiliates, officers, agents, suppliers, employees, consultants, and agents harmless from any claim or demand (including reimbursing us any reasonable attorneys’ fees incurred by us in the defense of any such claim or demand), made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another. We retain the right to retain counsel of our choosing in our sole discretion. Furthermore, you must cooperate in good faith to assist us in our defense and any settlement negotiations related thereto, and to reimburse us for reasonable settlement amounts, if any.
13. NO RESALE OF SERVICE
You may not reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service (including your account name), use of the Service, or access to the Service.
14. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that we may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that uploaded Content will be retained by the Service, the maximum number and size of postings that may be made through an account on the Service, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. We have no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. We may modify these general practices and limits from time to time.
15. MODIFICATIONS TO SERVICE
We may at any time and from time to time modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. We shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
We may, under certain circumstances and without prior notice, immediately terminate your account, any associated email address, and access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, and/or (g) you have engaged in fraudulent or illegal activities. Termination of your account includes (a) removal of access to all offerings within the Service, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring further use of the Service. Further, all terminations for cause shall be made in our sole discretion and we shall not be liable to you or any third-party for any termination of your account, or access to the Service.
17. OUR PROPRIETARY RIGHTS
The Service and any necessary software used in connection with the Service (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Information presented to you through the Service may be protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.
You may not access the Service by any means other than through the interface that is provided by us for use in accessing the Service.
In general, the Service is provided in a manner which does not result in your downloading or using any of our Software. In the event that we do, however, provide you with Software (such as a plug-in or similar item), we grant you a personal, non-transferable and non-exclusive right and license to use the object code of its Software in connection with your access to the Service; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You may not modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You may not rent, lease, loan, sell, distribute or create derivative works based on the Software, in whole or in part.
18. DISCLAIMER OF WARRANTIES
a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b. WE MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
19. LIMITATION OF LIABILITY
WE SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
20. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF MAY NOT APPLY TO YOU.
21. NO THIRD PARTY BENEFICIARIES
Except as otherwise expressly provided in this TOS, there shall be no third party beneficiaries to this TOS.
We may provide you with notices, including those regarding changes to the TOS, by either email, or postings on the Service.
Any notice you desire to send to us must be sent exclusively by submitting an electronic message through the “Report an Issue” Form within the Service.
23. GENERAL INFORMATION
Entire Agreement. The TOS constitutes the entire agreement between both of us and governs your use of the Service, superseding any prior agreements between both of us with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other services, affiliate services, third-party content, or third-party software.
Choice of Law and Forum. The TOS and the relationship between both of us shall be exclusively governed by the laws of the United States and the Commonwealth of Massachusetts without regard to its conflict of law provisions. Your exclusive forum for bringing any claim or cause of action against us is the courts located in the City of Boston, Massachusetts U.S.A. You hereby accept and submit to the personal and exclusive jurisdiction of such courts in any proceeding or action. With respect to any such proceeding or action brought in such courts, you hereby irrevocably waive, to the fullest extent permitted by law: (a) any objection you may have now or in the future to such jurisdiction or venue, and (b) any claim that such action or proceeding has been brought in an inconvenient form. Nothing limits our right to commence and prosecute any legal or equitable action or proceeding before any court of competent jurisdiction to obtain injunctive or any other form of relief.
Waiver and Severability of Terms. Our failure to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS 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 TOS remain in full force and effect.
No Right of Survivorship and Non-Transferability. Your account is non-transferable and any rights to your account or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
Statute of Limitations. 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 TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
No Personal Liability. No director, officer, trustee, employee or agent of TFCCS or its affiliates shall be personally liable for the performance of or failure to perform any provision of this Agreement.
The section titles in the TOS are for convenience only and have no legal or contractual effect.
Effective Date: May 15, 2012