LEGAL NOTICES

Copyright Protection

© 2007, Association of Vineyard Churches - Missions. All Rights Reserved. The Vineyard Missions Site (including without limitation the content found on the Vineyard Missions Site) is copyrighted subject matter owned by Association of Vineyard Churches – Missions ("Vineyard Missions") and is protected by United States and international copyright law. You may not reproduce, modify, distribute or publicly display the Vineyard Missions Site, in whole or in part, except as allowed by law. In some cases this may require express authorization by Vineyard Missions or other legal entity. (See below.) You should contact Vineyard Missions if you are not sure, and request written permission, which it may grant or withhold in its sole discretion.

Vineyard Missions respects others' intellectual property rights. However, the Vineyard Missions Site contains information from third-party sources. If You believe that Your copyright interests are being infringed by anything on the Vineyard Missions Site, You must notify us of Your claim by filing a Notice with the Webmaster on the Vineyard Missions Web site, (www.vinyardmissions.org) Your Notice must be in writing (either via electronic mail or by certified or registered mail to the Vineyard Missions, Attn. Barbara Johnson, 112 Harvard Ave Suite #265, Claremont, CA 91711 and must include: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest that allegedly has been infringed; (2) a description of the copyrighted work that You claim has been infringed, including the Web page address of the location where the copyrighted work exists or a copy of the copyrighted work; (3) a description or location of the material on the Vineyard Missions Site that You claim is infringing; (4) information we can use to contact You, including Your address, telephone number, and e-mail address; (5) a statement by You that You have a good faith belief that the use of the allegedly infringing material is without the authorization of the copyright owner, its agent, or the law; (6) a statement by You, made under penalty of perjury, that the above information in Your Notice is accurate and that You are the copyright owner or authorized to act on the copyright owner's behalf.

Confidentiality

The Vineyard Missions Site and any compilation of data and information thereon are the proprietary, confidential and trade secret information of Association of Vineyard Churches, Missions.

Linking to the Vineyard Missions Site

You may to Vineyard Missions's home page. You must contact the webmaster at office@vineyardmissions.org, if you wish to link to any page other than the home page.

Trademark Protection

“Vineyard,” “La Vina,” “Vineyard Music” and other marks bearing the name “Vineyard” are registered service/trademarks of Association of Vineyard Churches, USA and used under license and by permission. All other trademarks referred to on this Web site are service/trademarks of their respective owners.

 

TERMS OF USE

Access to the Vineyard Missions Site

Vineyard Missions reserves the right, for any reason and without notice, in its sole discretion, to terminate, change, suspend, or interrupt access, in whole or in part, to the Vineyard Missions Site. Vineyard Missions further reserves the right to impose registration, password and other security precautions on access to and use of the Vineyard Missions Site.

Legal Notices and Proprietary Rights

You acknowledge and agree to the terms of Vineyard Missions' Legal Notices, which are incorporated by reference. You agree not to take any action that would infringe, misappropriate, or violate the Association of Vineyard Churches’ or Vineyard Missions’ intellectual property interests.

You agree not to upload or otherwise place any information on the Vineyard Missions Site that would infringe or otherwise violate anyone's intellectual property interests or other rights, or that is false, misleading, defamatory, or otherwise contrary to law or regulation.

ACCURACY AND WARRANTY DISCLAIMERS

Vineyard Missions does not warrant or guarantee the accuracy, quality, completeness, currency, or validity of any information on the Vineyard Missions Site (including, without limitation, any data accessible via the Vineyard Missions Site and its content) or linked from the Vineyard Missions Site.

Due to, among other things, the possibility of human and/or mechanical error, Vineyard Missions shall not be responsible for any errors or omissions on the Vineyard Missions Site. Vineyard Missions shall not be liable for any damages of any kind incurred as a result of the information posted on the Vineyard Missions Site including, without limitation, any content thereon.

VINEYARD MISSIONS MAKES NO WARRANTY THAT THE VINEYARD MISSIONS SITE IS BUG FREE OR ERROR FREE, THAT SAME WILL OPERATE WITHOUT ANY INTERRUPTION, OR THAT USE OF SAME WILL RESULT IN ANY PARTICULAR RESULTS. VINEYARD MISSIONS MAKES NO REPRESENTATIONS OR WARRANTIES ON BEHALF OF ITSELF WITH RESPECT TO THIRD PARTY SOFTWARE OR EQUIPMENT AND EXPRESSLY EXCLUDES ANY AND ALL LIABILITY ARISING FROM OR RELATING TO A THIRD PARTY'S SOFTWARE AND/OR EQUIPMENT.

LIMITATIONS ON LIABILITY; INDEMNITY

IN NO EVENT SHALL VINEYARD MISSIONS (INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, SUCCESSORS AND ASSIGNS) HAVE LIABILITY FOR PUNITIVE, EXEMPLARY, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OR LOSS ARISING IN CONNECTION WITH THESE TERMS OF USE, THE VINEYARD MISSIONS SITE, ANY CONTENT THEREON OR THE USE OR INABILITY TO USE THE VINEYARD MISSIONS SITE, OR ANY CONTENT.

You agree to indemnify, defend and hold harmless Vineyard Missions, its affiliates, and their respective officers, directors, employees, agents, successors, assigns, licensors, partners, joint venturers, and any other person or entity involved in the creation, production and/or distribution of the Vineyard Missions Site, from and against any and all claims, liabilities, costs and expenses (including, without limitation, attorneys' fees and expenses) incurred in connection with or arising from any breach by You of these Terms of Use or resulting in connection with or arising from Your use of the Vineyard Missions Site.

Endorsement Disclaimer

Vineyard Missions does not endorse, support, sanction, or verify the information or material linked to or accessible via the Vineyard Missions Site. Unless otherwise specifically indicated, Vineyard Missions does not endorse and has no affiliation with the organizations listed in, described on or linked to via the Vineyard Missions Site, and it makes no representations or warranties whatsoever with regard to those organizations or any other organization, entity or person. We urge you to consult the privacy policy posted on any site you visit before using the site or providing any personal data.

Disclaimer Regarding Financial and Legal Advice

The information on the Vineyard Missions Site is provided for educational and informational purposes only. Such information or materials do not constitute and are not intended to provide legal, accounting, or tax advice and should not be relied on in that respect. We suggest that You consult an attorney, accountant, and/or financial advisor to answer any financial or legal questions.

Termination; Equitable Remedies

Vineyard Missions may terminate these Terms of Use (including Your rights hereunder) at any time, with or without notice and with or without cause. Terms of these Terms of Use that, by their nature, survive the termination or expiration of these Terms of Use, shall so survive.

You acknowledge and agree that any unauthorized use or disclosure by You of the Vineyard Missions Site or any infringement or violation of Vineyard Missions' intellectual property rights, shall cause Vineyard Missions irreparable injury for which Vineyard Missions could not be fully compensated by money damages. You agree that, in the event of such a violation, Vineyard Missions would be entitled to seek and recover (in addition to any other available remedies) preliminary and permanent injunctive relief without the necessity of posting bond or security, and further that Vineyard Missions would be entitled to recover from You its attorneys' fees and costs incurred in seeking and obtaining such relief.

Force Majeure

Vineyard Missions shall have no liability whatever for delays or interruptions in delivery or accessibility of any of the Vineyard Missions Site, interruptions of service or other breach of these Terms of Use due to fire, explosion, lightning, power surge or failure, water, acts of God, war, civil disturbance, terrorism, acts or omissions of communications carriers, or other causes beyond Vineyard Missions' reasonable control.

Dispute Resolution

These Terms of Use shall be governed and construed by the laws of the State of California, without regard to its choice of law rules.

Vineyard Missions and You agree to attempt to resolve differences by following the biblical pattern of Matthew 18:15-17. Should we have unresolved issues after utilizing the Matthew 18 principle, the parties agree to be bound by the following mediation and binding arbitration agreement in an attempt to resolve issues and bring reconciliation:

Mediation and Binding Arbitration Agreement

Vineyard Missions believes that the Bible commands them to make every effort to live at peace and to resolve disputes with others in private or within the Christian community in conformity with the biblical injunctions of 1 Corinthians 6:1-8, Matthew 5:23-24, and Matthew 18:15-20. Therefore, the parties agree that any claim or dispute arising out of, or related to, this agreement, including claims under federal, state, and local statutory or common law, the law of contract, and law of tort, shall be settled by biblically based mediation.

If resolution of the dispute and reconciliation do not result from mediation, the matter shall then be submitted to an independent and objective arbitrator for binding arbitration. The parties agree that the mediation and arbitration process will be conducted in accordance with the "Rules of Procedure for Christian Conciliation" ("Rules") contained in the Peacemaker Ministries booklet Guidelines for Christian Conciliation. Consistent with these "Rules," each party to the agreement shall agree to the selection of the arbitrator. The parties agree that if there is an impasse in the selection of the arbitrator, the Institute for Christian Conciliation, a division of Peacemaker Ministries in Billings, Montana ( 406-256-1583 ), shall be asked to provide the name of a qualified person who will serve in that capacity. Consistent with the "Rules," the arbitrator shall issue a written opinion within a reasonable time.

The parties to this contract agree that these methods shall be the sole remedy for any controversy or claim arising out of the use of this Site and this agreement, and they expressly waive their right to file a lawsuit against one another in any civil court for such disputes, except to enforce a legally binding arbitration decision. The parties to this agreement have had an opportunity to consult legal counsel before signing this agreement.

The parties agree that neither may bring a claim or assert a cause of action against the other, in any forum or manner, more than one (1) year after the cause of action accrued, except where the party could not have reasonably discovered the wrong giving rise to the claim within the basic facts supporting the claim within one (1) year.

Modification of These Terms of Use

Vineyard Missions reserves the right, in its sole discretion, to modify, alter, or otherwise revise these Terms of Use (as well as the Legal Notices referenced in these Terms of Use) at any time by posting such modified versions on the Vineyard Missions Site. You agree to monitor regularly these Terms of Use as they appear on the Vineyard Missions Site. Your continued use of the Vineyard Missions Site after the posting of any modified versions shall constitute agreement to these Terms of Use. These Terms of Use may not otherwise be modified or amended.

Notices

Except as is stated herein to the contrary, any notices to Vineyard Missions must be given by postal mail sent to Vineyard Missions' office as then listed on the Vineyard Missions Site. Any notices to You will be sent to the e-mail address that You provide to Vineyard Missions.

Severability

Should any term of these Terms of Use be finally held by a court of competent jurisdiction to be invalid, unenforceable, void, or otherwise contrary to law or equity, Vineyard Missions and You agree that such provision shall be automatically severed and the remainder of these Terms of Use that can be given effect shall continue to be given effect.

Entire Agreement

Subject to the following sentence, these Terms of Use constitute the entire agreement between Vineyard Missions and You with respect to the subject matter of these Terms of Use, and supersede all prior agreements, understandings or representations between You and Vineyard Missions with respect to the subject matter of these Terms of Use. In the event of a conflict between these Terms of Use and any such other agreement to which you have agreed or in the future agree, the terms of such other agreement shall control. These Terms of Use may not be modified except in writing and as is permitted herein.