The Church Exchange TERMS OF USE   1. ACCEPTANCE OF TERMS  The Church Exchange provides a collection of online resources, including classified  ads, forums, and various email services, (referred to hereafter as "the  Service") subject to the following Terms of Use ("TOU"). By using the Service  in any way, you are agreeing to comply with the TOU. In addition, when using  particular church exchange services, you agree to abide by any applicable posted  guidelines for all church exchange services, which may change from time to time.   Should you object to any term or condition of the TOU, any guidelines,  or any subsequent modifications thereto or become dissatisfied with the Church Exchange  in any way, your only recourse is to immediately discontinue use of The Church Exchange.   The Church Exchange has the right, but is not obligated, to strictly enforce the TOU  through self-help, community moderation, active investigation, litigation and  prosecution.   

2. MODIFICATIONS TO THIS AGREEMENT  We reserve the right, at our sole discretion, to change, modify or otherwise  alter these terms and conditions at any time.  Such modifications shall become  effective immediately upon the posting thereof. You must review this agreement  on a regular basis to keep yourself apprised of any changes. You can find the  most recent version of the TOU at:  http:_________________________

3. CONTENT  You understand that all postings, messages, text, files, images, photos,  video, sounds, or other materials ("Content") posted on, transmitted  through, or linked from the Service, are the sole responsibility of the  person from whom such Content originated. More specifically, you are  entirely responsible for each individual item ("Item") of Content that you  post, email or otherwise make available via the Service. You understand that The Church Exchante does not control, and is not responsible for Content made available  through the Service, and that by using the Service, you may be exposed to  Content that inaccurate, misleading, or otherwise  objectionable. Furthermore, the Church Exchange site and Content available through  the Service may contain links to other websites, which are completely  independent of The Church Exchange.  The Church Exchange makes no representation or warranty as  to the accuracy, completeness or authenticity of the information contained  in any such site.  Your linking to any other webites is at your own risk.  You agree that you must evaluate, and bear all risks associated with, the  use of any Content, that you may not rely on said Content, and that under no  circumstances will the Church Exchange be liable in any way for any Content or for  any loss or damage of any kind incurred as a result of the use of any Content  posted, emailed or otherwise made available via the Service. The Church Exchange  shall have the right (but not the obligation) in its sole discretion to  refuse, delete or move any Content that is available via the Service, for  violating the letter or spirit of the TOU or for any other reason.   

4. THIRD PARTY CONTENT, SITES, AND SERVICES  

The Church Exchange site and Content available through the Service may contain  features and functionalities that may link you or provide you with access  to third party content which is completely independent of The Church Exchange,  including web sites, directories, servers, networks, systems, information  and databases, applications, software, programs, products or services,  and the Internet as a whole.    Your interactions with organizations and/or individuals found on or through  the Service, including payment and delivery of goods or services, and any  other terms, conditions, warranties or representations associated with such  dealings, are solely between you and such organizations and/or individuals.   You should make whatever investigation you feel necessary or appropriate  before proceeding with any online or offline transaction with any of these  third parties.    You agree that the Church Exchange shall not be responsible or liable for any loss or  damage of any sort incurred as the result of any such dealings. If there is  a dispute between participants on this site, or between users and any third  party, you understand and agree that the Church Exchange is under no obligation to  become involved. In the event that you have a dispute with one or more other  users, you hereby release the Church Exchange, its officers, employees, agents and  successors in rights from claims, demands and damages (actual and  consequential) of every kind or nature, known or unknown, suspected and  unsuspected, disclosed and undisclosed, arising out of or in any way related  to such disputes and / or our service. If you are a California resident, you  waive California Civil Code Section 1542, which says: "A general release does  not extend to claims which the creditor does not know or suspect to exist in  his favor at the time of executing the release, which, if known by him must  have materially affected his settlement with the debtor."     

5. NOTIFICATION OF CLAIMS OF INFRINGEMENT  

If you believe that your work has been copied in a way that constitutes  copyright infringement, or your intellectual property rights have been  otherwise violated, please notify The Church Exchange agent for notice of claims of  copyright or other intellectual property infringement ("Agent"), at  abuse@churchexchange.net  or:  Copyright Agent The Church Exchange 104 Dublin Circle Waxahachie Texas 75165.    Please provide our Agent with the following Notice:  a) Identify the material on the site that you claim is  infringing, with enough detail so that we may locate it on the website;  b) A statement by you that you have a good faith belief that the disputed  use is not authorized by the copyright owner, its agent, or the law;  c) A statement by you declaring under penalty of perjury that (1) the above  information in your Notice is accurate, and (2) that you are the owner of  the copyright interest involved or that you are authorized to act on behalf  of that owner;  d) Your address, telephone number, and email address; and  e) Your physical or electronic signature. The Church Exchange  will remove the infringing posting(s), subject to the the procedures  outlined in the Digital Millenium Copyright Act (DMCA).   6. PRIVACY AND INFORMATION DISCLOSURE The Church Exchange has established a Privacy Policy to explain to users how their  information is collected and used, which is located at the following web  address: __________________________________________  Your use of the Church Exchange  website or the Service signifies acknowledgement of  and agreement to our Privacy Policy. You further acknowledge and agree that the Church Exchange may, in its sole discretion, preserve or disclose your Content,  as well as your information, such as email addresses, IP addresses, timestamps,  and other user information, if required to do so by law or in the good faith  belief that such preservation or disclosure is reasonably necessary to:  comply with legal process; enforce the TOU; respond to claims that any  Content violates the rights of third-parties; respond to claims that contact  information (e.g. phone number, street address) of a third-party has been  posted or transmitted without their consent or as a form of harassment;  protect the rights, property, or personal safety of the church exchange, its users or  the general public.    

7. CONDUCT  You agree not to post, email, or otherwise make available Content:  a) that is unlawful, harmful, threatening, abusive, harassing, defamatory,  libelous, invasive of another's privacy, or is harmful to minors in any way;  b) that is pornographic or depicts a human being engaged in any kind of sexual conduct. c) that harasses, degrades, intimidates or is hateful toward an individual or  group of individuals on the basis of religion, gender, sexual orientation,  race, ethnicity, age, or disability; e) that violates federal, state, or local equal employment opportunity laws, including but not limited to, stating in any advertisement for employment a preference or requirement based on race, color, religion, sex, national origin, age, or disability.  f) with respect to employers that employ four or more employees, that violates the anti-discrimination provision of the Immigration and Nationality Act, including requiring U.S. citizenship or lawful permanent residency (green card status) as a condition for employment, unless otherwise required in order to comply with law, regulation, executive order, or federal, state, or local government contract.  g) that impersonates any person or entity, including, but not limited to, a church exchange employee, or falsely states or otherwise misrepresents your  affiliation with a person or entity (this provision does not apply to Content  that constitutes lawful non-deceptive parody of public figures.);  h) that includes personal or identifying information about another person  without that person's explicit consent;  i) that is false, deceptive, misleading, deceitful, misinformative, or  constitutes "bait and switch";  j) that infringes any patent, trademark, trade secret, copyright or other  proprietary rights of any party, or Content that you do not have a right to  make available under any law or under contractual or fiduciary relationships;  k) that constitutes or contains  "affiliate marketing," "link referral code,"  "junk mail," "spam," "chain letters," "pyramid schemes," or unsolicited  commercial advertisement;  l) that constitutes or contains any form of advertising or solicitation if:  posted in areas of the church exchange sites which are not designated for such  purposes; or emailed to the church exchange users who have not indicated in writing that  it is ok to contact them about other services, products or commercial interests.  m) that includes links to commercial services or web sites, except as allowed  in "services";  n) that advertises any illegal service or the sale of any items the sale of  which is prohibited or restricted by any applicable law, including without  limitation items the sale of which is prohibited or regulated by Texas Law. A partial list of prohibited items for sale and prohibited services  offered is provided at the following web address for your convenience:      http://church exchange.net/about/prohibited.items.html   o) 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;   p) that disrupts the normal flow of dialogue with an excessive amount of  Content (flooding attack) to the Service, or that otherwise negatively  affects other users' ability to use the Service; or  q) that employs misleading email addresses, or forged headers or otherwise  manipulated identifiers in order to disguise the origin of Content  transmitted through the Service.  Additionally, you agree not to:  r) contact anyone who has asked not to be contacted, or make unsolicited  contact with anyone for any commercial purpose;  s) "stalk" or otherwise harass anyone;  t) collect personal data about other users for commercial or unlawful  purposes;  u) use automated means, including spiders, robots, crawlers, data mining  tools, or the like to download data from the Service - unless expressly  permitted by the Church exchange;  v) post non-local or otherwise irrelevant Content, repeatedly post the  same or similar Content or otherwise impose an unreasonable or  disproportionately large load on our infrastructure;  w) post the same item or service in more than one classified category or  forum, or in more than one metropolitan area;  x) attempt to gain unauthorized access to the Church Exchange computer systems or  engage in any activity that disrupts, diminishes the quality of, interferes  with the performance of, or impairs the functionality of, the Service or  the Church Exchange website; or  y) use any form of automated device or computer program that enables the  submission of postings on the Church Exchange site without each posting being manually  entered by the author thereof (an "automated posting device"), including  without limitation, the use of any such automated posting device to submit  postings in bulk, or for automatic submission of postings at regular intervals.  z) use any form of automated device or computer program ("flagging tool") that enables the use of The Church Exchange "flagging system" or other community moderation systems without each flag being manually entered by the person that initiates the flag (an "automated flagging device"), or use the flagging tool to remove posts of competitors, or to remove posts without a good faith belief that the post being flagged violates these TOU;  8. POSTING AGENTS  A "Posting Agent" is a third-party agent, service, or intermediary that offers to post Content to the Service on behalf of others. To  moderate demands on The Church Exchange resources, you may not use a Posting  Agent to post Content to the Service without express permission or  license from the Church Exchange  Correspondingly, Posting Agents are not  permitted to post Content on behalf of others, to cause Content to  be so posted, or otherwise access the Service to facilitate posting  Content on behalf of others, except with express permission or  license from The Church Exchange.   9. NO SPAM POLICY  You understand and agree that sending unsolicited email advertisements to The Church Exchange email addresses or through the Church Exchange computer systems, which is  expressly prohibited by these Terms, will use or cause to be used servers  located in Texas.  Any unauthorized use of the Church Exchange computer systems  is a violation of these Terms and certain federal and state laws, including  without limitation the Computer Fraud and Abuse Act ___________________________Business and Professions Code.  Such violations may subject the  sender and his or her agents to civil and criminal penalties.   10. PAID POSTINGS  We may charge a fee to post Content in some areas of the Service. The fee is an access fee permitting Content to be posted in a designated area. Each party posting Content to the Service is responsible for said Content and compliance with the TOU. All fees paid will be non-refundable in the event that Content is removed from the Service for violating the TOU.   11. LIMITATIONS ON SERVICE  You acknowledge that the Church Exchange may establish limits concerning use of the  Service, including the maximum number of days that Content will be retained  by the Service, the maximum number and size of postings, email messages, or  other Content that may be transmitted or stored by the Service, and the  frequency with which you may access the Service. You agree that the Church Exchange  has no responsibility or liability for the deletion or failure to store any  Content maintained or transmitted by the Service. You acknowledge that The Church Exchange reserves the right at any time to modify or discontinue the  Service (or any part thereof) with or without notice, and that the Church Exchange  shall not be liable to you or to any third party for any modification,  suspension or discontinuance of the Service.   

12. ACCESS TO THE SERVICE  The Church Exchane grants you a limited, revocable, nonexclusive license to access  the Service for your own personal use.  This license does not include:  (a) access to the Service by Posting Agents; or (b) any collection,  aggregation, copying, duplication, display or derivative use of the Service  nor any use of data mining, robots, spiders, or similar data gathering and  extraction tools for any purpose unless expressly permitted by the Church Exchange.  A limited exception to (b) is provided to general purpose internet search  engines and non-commercial public archives that use such tools to gather  information for the sole purpose of displaying hyperlinks to the Service,  provided they each do so from a stable IP address or range of IP addresses  using an easily identifiable agent and comply with our robots.txt file.  "General purpose internet search engine" does not include a website or  search engine or other service that specializes in classified listings  or in any subset of classifieds listings such as jobs, housing, for sale,  services, or personals, or which is in the business of providing classified  ad listing services. The Church Exchange permits you to display on your website, or create a hyperlink  on your website to, individual postings on the Service so long as such use  is for noncommercial and/or news reporting purposes only (e.g., for use in  personal web blogs or personal online media).  If the total number of such  postings displayed or linked to on your website exceeds one hundred (100)  postings, your use will be presumed to be in violation of the TOU,  absent express permission granted by The Church Exchange to do so.  You may also  create a hyperlink to the home page of The Church Exchange sites so long as the  link does not portray the Church Exchange, its employees, or its affiliates in a  false, misleading, derogatory, or otherwise offensive matter.  The Church Exchange offers various parts of the Service in RSS format so that users  can embed individual feeds into a personal website or blog, or view postings  through third party software news aggregators.  The Church Exchange permits you to  display, excerpt from, and link to the RSS feeds on your personal website  or personal web blog, provided that (a) your use of the RSS feed is for  personal, non-commercial purposes only, (b) each title is correctly linked  back to the original post on the Service and redirects the user to the  post when the user clicks on it, (c) you provide, adjacent to the RSS  feed, proper attribution to the church Exchange as the source, (d) your use or  display does not suggest that The Church exchange promotes or endorses any third  party causes, ideas, web sites, products or services, (e) you do not  redistribute the RSS feed, and (f) your use does not overburden the Church Exchange systems.  The Church Exchange reserves all rights in the content of  the RSS feeds and may terminate any RSS feed at any time.  Use of the Service beyond the scope of authorized access granted to you by The Church Exchange immediately terminates said permission or license.  In order to  collect, aggregate, copy, duplicate, display or make derivative use of the  the Service or any Content made available via the Service for other  purposes (including commercial purposes) not stated herein, you must first  obtain a license from the Church Exchange.   13. TERMINATION OF SERVICE  You agree that the Church Exchange, in its sole discretion, has the right (but not  the obligation) to delete or deactivate your account, block your email or IP  address, or otherwise terminate your access to or use of the Service (or any  part thereof), immediately and without notice, and remove and discard any  Content within the Service, for any reason, including, without limitation,  if the Church Exchange believes that you have acted inconsistently with the letter or  spirit of the TOU. Further, you agree that the Church Exchange shall not be liable  to you or any third-party for any termination of your access to the Service.   Further, you agree not to attempt to use the Service after said termination.   Sections 2, 4, 6 and 10-16 shall survive termination of the TOU.   14. PROPRIETARY RIGHTS  The Service is protected to the maximum extent permitted by copyright laws  and international treaties. Content displayed on or through the Service is  protected by copyright as a collective work and/or compilation, pursuant to  copyrights laws, and international conventions. Any reproduction,  modification, creation of derivative works from or redistribution of the  site or the collective work, and/or copying or reproducing the sites  or any portion thereof to any other server or location for further  reproduction or redistribution is prohibited without the express  written consent of the Church Exchange. You further agree not to reproduce,  duplicate or copy Content from the Service without the express written  consent of The Church Exchange, and agree to abide by any and all copyright notices  displayed on the Service. You may not decompile or disassemble, reverse  engineer or otherwise attempt to discover any source code contained in the  Service. Without limiting the foregoing, you agree not to reproduce,  duplicate, copy, sell, resell or exploit for any commercial purposes, any  aspect of the Service. The Church Exchane  is a registered mark in the U.S. Patent  and Trademark Office.  Although The Church Exchange does not claim ownership of content that its users post,  by posting Content to any public area of the Service, you automatically  grant, and you represent and warrant that you have the right to grant, to the Church Exchange an irrevocable, perpetual, non-exclusive, fully paid, worldwide  license to use, copy, perform, display, and distribute said Content and to  prepare derivative works of, or incorporate into other works, said Content,  and to grant and authorize sublicenses (through multiple tiers) of the  foregoing. Furthermore, by posting Content to any public area of the Service,  you automatically grant the Church Exchange all rights necessary to prohibit any  subsequent aggregation, display, copying, duplication, reproduction, or  exploitation of the Content on the Service by any party for any purpose.  

15. DISCLAIMER OF WARRANTIES  YOU AGREE THAT USE OF THE THE CHURCH EXCHANGE SITE AND THE SERVICE IS ENTIRELY AT  YOUR OWN RISK. THE CHURCH EXCHANGE SITE AND THE SERVICE ARE PROVIDED ON AN "AS  IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND.  ALL  EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE  WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND  NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE  FULLEST EXTENT PERMITTED BY LAW.  TO THE FULLEST EXTENT PERMITTED BY LAW, THE CHURCH EXCHANGE DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY,  TIMELINESS, ACCURACY, AND PERFORMANCE OF THE CHURCH EXCHANGE SITE AND THE  SERVICE.  TO THE FULLEST EXTENT PERMITTED BY LAW, THE CHURCH EXCHANGE DISCLAIMS ANY  WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE CHURCH EXCHANGE SITE OR THE SITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON  THE CHURCH EXCHANGE SITE.  TO THE FULLEST EXTENT PERMITTED BY LAW,THE CHURCH EXCHANGE DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN  CONNECTION WITH THE CHURCH EXCHANGE SITE OR THE SERVICE.  Some jurisdictions do  not allow the disclaimer of implied warranties.  In such jurisdictions, some  of the foregoing disclaimers may not apply to you insofar as they relate to  implied warranties.   16. LIMITATIONS OF LIABILITY  UNDER NO CIRCUMSTANCES SHALL THE CHURCH EXCHANGE BE LIABLE FOR DIRECT, INDIRECT,  INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF THE CHURCH EXCHANGE  HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY  ASPECT OF YOUR USE OF THE THE CHURCH EXCHANGE SITE OR THE SERVICE, WHETHER THE  DAMAGES ARISE FROM USE OR MISUSE OF THE THE CHURCH EXCHANGE SITE OR THE SERVICE, FROM  INABILITY TO USE THE THE CHURCH EXCHANGE SITE OR THE SERVICE, OR THE INTERRUPTION,  SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE THE CHURCH EXCHANGE SITE  OR THE SERVICE.  SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES  INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR  ADVERTISED IN CONNECTION WITH THE THE CHURCH EXCHANGE SITE OR THE SERVICE OR ANY  LINKS ON THE THE CHURCH EXCHANGE SITE, AS WELL AS BY REASON OF ANY INFORMATION OR  ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE THE CHURCH EXCHANGE SITE  OR THE SERVICE OR ANY LINKS ON THE THE CHURCH EXCHANGE SITE.  THESE LIMITATIONS SHALL  APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions,  limitations of liability are not permitted.  In such jurisdictions, some of  the foregoing limitation may not apply to you.   17. INDEMNITY  You agree to indemnify and hold the Church Exchange, its officers, subsidiaries,  affiliates, successors, assigns, directors, officers, agents, service  providers, suppliers and employees, harmless from any claim or demand,  including reasonable attorney fees and court costs, made by any third party  due to or arising out of Content you submit, post or make available through  the Service, your use of the Service, your violation of the TOU, your  breach of any of the representations and warranties herein, or your  violation of any rights of another.   18. GENERAL INFORMATION  The TOU constitute the entire agreement between you and the Church Exchange and  govern your use of the Service, superceding any prior agreements between you  and the Church Exchange. The TOU and the relationship between you and the Church Exchange  shall be governed by the laws of the State of California without regard to  its conflict of law provisions. You and the Church Exchange agree to submit to the  personal and exclusive jurisdiction of the courts located within the county  of San Francisco, California. The failure of the Church Exchange to exercise or  enforce any right or provision of the TOU shall not constitute a waiver of  such right or provision. If any provision of the TOU 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 TOU remain in  full force and effect. 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 the Service or the TOU must be filed within one (1) year after such  claim or cause of action arose or be forever barred.   19. VIOLATION OF TERMS AND LIQUIDATED DAMAGES  Please report any violations of the TOU, by flagging the posting(s) for  review, or by emailing to:  abuse@the Church Exchange.net  Our failure to act with respect to a breach by you or others does not waive our  right to act with respect to subsequent or similar breaches.  You understand and agree that, because damages are often difficult to quantify,  if it becomes necessary for the Church Exchange to pursue legal action to enforce these  Terms, you will be liable to pay the Church Exchange the following amounts as liquidated  damages, which you accept as reasonable estimates of the Church Exchanges' damages for  the specified breaches of these Terms:  a. If you post a message that (1) impersonates any person or entity; (2)  falsely states or otherwise misrepresents your affiliation with a person or  entity; or (3) that includes personal or identifying information about  another person without that person's explicit consent, you agree to pay  the Church Exchange one thousand dollars ($1,000) for each such message.   This provision does not apply to Content that constitutes lawful non-deceptive  parody of public figures.  b. If the Church Exchange establishes limits on the frequency with which you may  access the Service, or terminates your access to or use of the Service, you  agree to pay the Church Exchange one hundred dollars ($100) for each message posted  in excess of such limits or for each day on which you access the Church Exchange in  excess of such limits, whichever is higher.  c. If you send unsolicited email advertisements to the Church Exchange email  addresses or through the Church Exchange computer systems, you agree to pay  the Church Exchange twenty five dollars ($25) for each such email.  d. If you post Content in violation of the TOU, other than as described  above, you agree to pay the Church Exchange one hundred dollars ($100) for each  Item of Content posted.  In its sole discretion, the Church Exchange may elect  to issue a warning before assessing damages.  e. If you are a Posting Agent that uses the Service in violation of the TOU, in addition to any liquidated damages under clause (d), you agree to pay the Church Exchange one hundred dollars ($100) for each and every Item you post in violation of the TOU.  A Posting Agent will also be deemed an agent of the party engaging the Posting Agent to access the Service (the "Principal"), and the Principal (by engaging the Posting Agent in violation of the TOU) agrees to pay the Church Exchange an additional one hundred dollars ($100) for each Item posted by the Posting Agent on behalf of the Principal in violation of the TOU.  f. If you aggregate, display, copy, duplicate, reproduce, or otherwise  exploit for any purpose any Content (except for your own Content) in  violation of these Terms without the Church Exchange's express written permission,  you agree to pay the Church Exchange three thousand dollars ($3,000) for each day  on which you engage in such conduct.  Otherwise, you agree to pay the Church Exchange's actual damages, to the extent such  actual damages can be reasonably calculated. Notwithstanding any other  provision of these Terms, the Church Exchange retains the right to seek the remedy  of specific performance of any term contained in these Terms, or a preliminary  or permanent injunction against the breach of any such term or in aid of the  exercise of any power granted in these Terms, or any combination thereof.   20. FEEDBACK  We welcome your questions and comments on this document in the the Church Exchange  feedback forum:          http://forums.the Church Exchange.org/?forumID=8