Terms of Use
AKALOO.ORG WEB SITE TERMS OF USE
Augsburg Fortress operates the Akaloo website, located at Akaloo.org (the "Web site"). You may use the Web site only if you comply with and agree to be bound by these Terms of Use. Your enrollment in the Akaloo program and full access to the Web site (including the assignment of a username and password to you) will be handled by the administrator for your Congregation in accordance with the Akaloo Member Agreement between your Congregation and Augsburg Fortress ("Member Agreement").
1. YOUR CONSENT
Please take a few minutes to review these Terms of Use before using this Web site. By visiting or using this Web site you are agreeing to comply with and be bound by these Terms of Use. If you do not agree to these Terms of Use, you may not access or use this Web site.
2. AUTHORS AND VISITORS
When you use this Web site to create or post content, you are an "author." When you use this Web site to view general content, you are a "visitor."
3. AUGSBURG FORTRESS PRIVACY POLICIES
Our Privacy Policies describe the information we collect when you and others use this Site. They also describe how we use the personal information you share with us and some of the steps we take to protect your privacy. We have one Privacy Policy [http://home.akaloo.org/privacy.php] for adults and learners who are at least 13 years old, and a Children's Privacy Policy [http://home.akaloo.org/privacy_children.php] for our learners under age 13. Our Privacy Policies are part of these Terms of Use. By agreeing to these Terms of Use, you are also consenting to our use of your personal information in accordance with our Privacy Policies.
4. THESE TERMS OF USE MAY CHANGE
We are continually improving and adding to the features and functionality of this Web site. As a result of these changes (or changes in the law), we may need to update or revise these Terms of Use. Accordingly, we reserve the right to update or modify these Terms of Use at any time, without prior notice, by posting any such revised version of these Terms of Use behind the link marked "Terms of Use" at the bottom of each page of this Web site. Your continued use of this Web site after we have posted the revised Terms of Use constitutes your agreement to be bound by the revised Terms of Use. You may access the current version of these Terms of Use at any time by clicking the link marked "Terms of Use" at the bottom of each page of this Web site.
5. RESPONSIBILITY FOR CONTENT POSTED ON THIS WEB SITE
Each author and visitor is solely responsible for the information, data, text, messages, graphics, photographs, video, audio, or other materials ("Content") he or she posts on this Web site. This means that you, and not Augsburg Fortress, are entirely responsible for all Content that you upload, post, transmit or otherwise make available to others using this Web site. Under no circumstances will Augsburg Fortress be liable in any way for any Content posted on or made available through this Web site by you or any third party.
Augsburg Fortress does not monitor all Content posted by individuals on this Web site and, as such, does not guarantee the suitability, accuracy, integrity or quality of such Content. In particular, Augsburg Fortress does not control and is not responsible for the accuracy, correctness, completeness, or currency of any information posted on or made available through this Web site by an author other than Augsburg Fortress.
6. AGENT TO RECEIVE NOTIFICATION OF CLAIMED INFRINGEMENT
Augsburg Fortress does not knowingly publish (or permit authors and visitors to publish) copyrighted materials without permission. If you believe that any materials published on this Web site have been used in a way that constitutes copyright infringement and if you are authorized to act on behalf of the owner of the copyright that is allegedly infringed, please provide our Copyright Agent with a signed statement containing the following information:
* a description of the infringing material
* a description of the copyrighted work(s) that you believe has been infringed;
* the name of the owner of the copyright,
* your name,
* your address, telephone number and/or email address,
* a statement that you have a good faith belief that the allegedly infringing use was not authorized by the owner, an agent for the owner, or by law,
* a statement that all of the information you have provided is true, and
* a statement, made under penalty of perjury, that you are the owner of the copyright or are authorized to act on behalf of the owner.
Your statement must be sent to us by U.S. mail, fax, or e-mail, addressed as follows:
Augsburg Fortress
Attn: Permissions
Mailing address: P. O. Box 1209
Minneapolis, MN 55440-1209
Fax: 612-330-3455
E-mail: copyright@augsburgfortress.org
7. RESTRICTIONS ON YOUR USE OF THIS WEB SITE
You agree not to use this Web site to:
* upload, post, transmit or otherwise make available
any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
any Content that you know to be false, misleading, or fraudulent;
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 or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any individual or entity;
any request for or solicitation of money, goods, or services for private gain;
any material 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;
any photograph or video without the permission of each person featured therein;
the name of any individual without that person's knowledge and consent;
any Content about an identifiable person without that person's permission;
any Content inconsistent with the values or the spirit of the Akaloo user community;
* promote any illegal activity;
* impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
* in violation of any local, state, national or international law, rule or regulation;
* "stalk" or otherwise harass another; or
* collect or store personal data about other users of this Service.
By uploading, posting, transmitting or otherwise making any Content available on or through this Web site, you are granting Augsburg Fortress a non-exclusive right to copy, modify, publish and distribute publicly, and prepare derivative works of that Content in the discretion of Augsburg Fortress. If any part of the Content is not your original work, it is your responsibility to obtain permission from the copyright owner before making that Content available on the Web site.
You understand that Augsburg Fortress may pre-screen certain Content posted on or available through the Web site by individual authors, but that it has no obligation to do so, and that it may not do so for all Content. Augsburg Fortress and its designees have the right (but not the obligation) in their sole discretion to remove any Content that is posted on or available through the Web site. Without limiting the foregoing, Augsburg Fortress and its designees will have the right to remove any Content that violates these Terms of Use or is otherwise deemed objectionable by Augsburg Fortress in its sole discretion.
You acknowledge, consent and agree that Augsburg Fortress may access, preserve, and disclose your personal information and Content 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 these Terms of Use; (c) respond to claims that any Content violates the rights of third-parties; (d) respond to your requests for assistance; or (e) protect the rights, property, or personal safety of Augsburg Fortress, its users and/or the public.
8. AUTHORIZED USES OF THIS WEB SITE
Except as otherwise noted within these Terms of Use, and except with regard to sections of the Web site expressly meant for distribution (including any "Build a Lesson" content) you may view, copy, print, and save a local copy of any Content on this Web site for your personal, non-commercial purposes only. In addition, you may print limited Content from this Web site in order to inform third parties with whom you are personally acquainted about the existence of the Web site and the Content offered on the Web site. You may not charge for any use of any Content on the Web site, or printed or electronic copies you may make thereof. Other than as expressly permitted in this paragraph, you may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, sell, or make any other use of this Web site or any of its Content, and you may not under any circumstances post, upload, transmit, reproduce, display, or otherwise make available any of the Web site's Content on any other Web site or networked computer environment, or in any other format or medium. You will display the copyright notice featured at the bottom of each page of the Web site, and will retain any other copyright, trademark, and other proprietary notices as applicable, on every copy of any Content from this Web site that you make. In exercising any of the foregoing rights, you will not modify the Content in any way, copy or distribute graphics separate from their accompanying text, or quote materials out of context.
Your use of the Web site is limited to the areas of the Web site to which you have been granted access (as designated during the registration process for your account), and you are not permitted to use other areas of the Web site.
9. OWNERSHIP OF CONTENT POSTED BY AUTHORS AND VISITORS ON THE WEB SITE
Authors retain ownership of the copyright in Content they publish on the Web site. If the Content is the original work of the individual posting the Content, then the individual posting the Content owns the copyright in that work. This is true whether the individual is an author or a visitor. Augsburg Fortress does not claim any copyrights in original works created and posted by authors and visitors. However, by making any Content available on the Web site, you are granting Augsburg Fortress a license in such Content as described above.
10. OWNERSHIP OF WEB SITE AND AUGSBURG FORTRESS CONTENT, PERMISSIONS
This Web site, including all of the Content on this Web site (other than the Content for which individual authors retain ownership as described above), and any Feedback you may provide to Augsburg Fortress (as described below) is owned by Augsburg Fortress or by third parties who have licensed their copyrights to Augsburg Fortress. No right, title or interest in this Web site or any Content on this Web site is transferred to you under these Terms of Use. Except as otherwise expressly provided in these Terms of Use, no Content on the Web site may be copied or otherwise reproduced without the written permission of Augsburg Fortress. If you would like to obtain permission to use, reproduce, or display any Content on this Web site, please direct all inquiries to:
Augsburg Fortress
Attn.: Permissions
P. O. Box 1209
Minneapolis, MN 55440-1209
Or, feel free to e-mail us with any questions at copyright@augsburgfortress.com.
Various product names, logos, designs, titles, words or phrases within this Web site may be trademarks, service marks, or trade names of Augsburg Fortress or other entities. All other trademarks, product names, and company names and logos appearing on this Web site are the property of their respective owners. Trademarks of Augsburg Fortress may not be used in connection with any product or service that is not authorized in writing by Augsburg Fortress.
11. OWNERSHIP OF FEEDBACK
Augsburg Fortress welcomes your comments and feedback regarding this Web site. All information and materials submitted to Augsburg Fortress through this Web site or otherwise, such as any comments, feedback, ideas, questions, designs, data or the like, but not Content (collectively, "Feedback"), will be considered NON-CONFIDENTIAL and NON-PROPRIETARY with regard to you, but Augsburg Fortress reserves the right to treat any such Feedback as the confidential information of Augsburg Fortress. For this reason, we ask you not to send us any information or materials that you do not wish to assign to us, including, without limitation, any confidential information or any original creative materials such as product ideas, computer code, or original artwork.
By submitting Feedback to Augsburg Fortress through this Web site, you assign to Augsburg Fortress, free of charge, all worldwide rights, title and interest in all copyrights and other intellectual property rights in the Feedback you submit. Augsburg Fortress will be entitled to use any Feedback you submit to it, and any ideas, concepts, know-how or techniques contained in any such Feedback, for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products and services using such Feedback without restriction and without compensating you in any way.
You are responsible for the information and other Content contained in any Feedback you submit to us, including, without limitation, their truthfulness and accuracy.
12. RIGHT TO MODIFY OR DISCONTINUE WEB SITE AND CONTENT
Augsburg Fortress reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, this Web site (or any part thereof) with or without notice. You agree that Augsburg Fortress will not be liable to you or to any third party for any modification, suspension or discontinuance of this Web site. In addition, any prices, technical specifications, and product offerings featured on this Web site are subject to change at any time, with or without notice.
13. LINKS TO OTHER WEB SITES
This Web site may provide links to other World Wide Web sites or resources. Because Augsburg Fortress has no control over such sites and resources, you acknowledge and agree that Augsburg Fortress is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Augsburg Fortress will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
14. INTERNATIONAL VISITORS
Due to the international nature of the Internet, it is possible that this Web site may be accessed by individuals outside of the United States. Accordingly, this Web site may contain references to Augsburg Fortress products, programs, and services that may not currently be available in your country. These references do not imply that Augsburg Fortress intends to announce or make available any such products, programs or services in your country. For information on product availability within your country, please review our International Orders page at http://www.augsburgfortress.org/company/international.jsp.
15. DISCLAIMER OF WARRANTIES AND LIMITATIONS OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, AUGSBURG FORTRESS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH REGARD TO THE WEB SITE, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THIS WEB SITE AND THE PRODUCTS AND SERVICES OFFERED THROUGH THIS WEB SITE IS AT YOUR SOLE RISK. THIS WEB SITE AND ALL PRODUCTS AND SERVICES OFFERED THROUGH THIS WEB SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
UNDER NO CIRCUMSTANCES WILL AUGSBURG FORTRESS, ITS SPONSORS, CONTENT PROVIDERS, SERVICE PROVIDERS, OR LICENSORS, NOR ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, BE LIABLE TO YOU OR TO ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR ANY LOSS, INJURY, LIABILITY, DAMAGE OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS OF, USE OF, INABILITY TO USE, OR RELIANCE ON THIS WEB SITE OR ANY PRODUCT OR SERVICE PROVIDED TO YOU THROUGH OR IN CONNECTION WITH THIS WEB SITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND WHATSOEVER, WHETHER DIRECT OR INDIRECT, GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, LOSS OF DATA, GOODWILL, REVENUE OR PROFITS. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER BASIS; EVEN IF AN AUTHORIZED REPRESENTATIVE OF AUGSBURG FORTRESS HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES; AND WITHOUT REGARD TO THE SUCCESS OR EFFECTIVENESS OF OTHER REMEDIES.
IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, ILLEGAL OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF AUGSBURG FORTRESS, ITS CONTENT PROVIDERS, SERVICE PROVIDERS AND LICENSORS, AND ITS AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS, UNDER SUCH CIRCUMSTANCES TO YOU OR ANY PERSON OR ENTITY CLAIMING THROUGH YOU WILL NOT EXCEED THE AMOUNT YOU PAID FOR ACCESS TO THE WEB SITE, IF ANYTHING.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
16. ADDITIONAL TERMS
Password
You may not share your username and password with any other person or authorize any other person to use your username and password. You are responsible for maintaining the confidentiality of your username and password and are fully responsible for all activities that occur under your username and password. You agree to notify Augsburg Fortress immediately of any known or suspected unauthorized use of your username and password or any other breach of security. Augsburg Fortress cannot and will not be liable for any loss or damage arising from your failure to protect the confidentiality of your username and password.
Termination
Augsburg Fortress may, under certain circumstances and without prior notice, immediately terminate your right to use the Web site. Cause for such termination will include, but not be limited to, (a) breaches or violations of these Terms of Use or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you or your Congregation, or termination of your Congregation's Member Agreement, (d) discontinuance or material modification to the Web site (or any part thereof), and (e) unexpected technical or security issues or problems. Further, you agree that all terminations for cause will be made in the sole discretion of Augsburg Fortress and that Augsburg Fortress will not be liable to you or any third-party for such termination.
Registration Information
You agree that you will (a) provide true, accurate, current and complete information about yourself when you register for the Web site with your Congregation, and (b) maintain and promptly update your registration information to keep it true, accurate, current and complete.
17. GENERAL TERMS
Take Special Care to Protect Children Under the Age of Thirteen
We recommend that parents and guardians instruct their children on the safe use of the Web site and supervise their children as necessary. An excellent resource for teaching children to use the Internet safely is available at http://www.ftc.gov/bcp/conline/edcams/kidzprivacy/index.html.
Choice of Law and Forum
These Terms of Use and the relationship between you and Augsburg Fortress will be governed by the laws of the State of Minnesota without regard to its conflict of law provisions. You and Augsburg Fortress agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Hennepin, Minnesota.
Waiver and Severability of Terms
All waivers must be in writing and signed in ink on behalf of Augsburg Fortress. The failure of Augsburg Fortress to exercise or enforce any right or provision of these Terms of Use will not constitute a waiver of such right or provision. If any provision of these Terms of Use 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 these Terms of Use remain in full force and effect.
Statute of Limitations
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 this Web site or these Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Headings
The section titles in these Terms of Use are for convenience only and have no legal or contractual effect.
Entire Agreement
These Terms of Use and the Augsburg Fortress Privacy Policies together constitute the entire agreement between you and Augsburg Fortress and govern your use of this Web site, superseding any prior understandings or agreements between you and Augsburg Fortress. This Agreement may be amended or modified only as set forth above.
Effective April 9, 2007.
