Effective Date: 12/16/2009
Use of Site
Subject to the terms and conditions of this Agreement, Ancient Faith Radio hereby grants you a limited, revocable, non-transferable and non-exclusive license to access and use the Site by displaying it on your internet browser only for the purpose of making personal use of our services and not for any commercial use or use on behalf of any third party, except as explicitly permitted by Ancient Faith Radio in advance. Any breach of this Agreement shall result in the immediate revocation of the license granted in this paragraph without notice to you.
Except as permitted in the paragraph above, you may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile or otherwise exploit this Site or any portion of it unless expressly permitted by Ancient Faith Radio in writing. You may not make any commercial use of any of the information provided on the Site or make any use of the Site for the benefit of another business unless explicitly permitted by Ancient Faith Radio in advance. Ancient Faith Radio reserves the right to refuse service and terminate accounts at its sole discretion, including, without limitation, if Ancient Faith Radio believes that customer conduct violates applicable law or is harmful to Ancient Faith Radio's interests.
Member Account, Password, and Security
If any of the Services requires you to open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You also will choose a password and a user name. Ancient Faith Radio may assign you a password and account identification to enable you to access and use certain portions of this Site. Each time you use a password or identification, you will be deemed to be authorized to access and use the Site in a manner consistent with the terms and conditions of this Agreement, and Ancient Faith Radio has no obligation to investigate the authorization or source of any such access or use of the Site.
You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify Ancient Faith Radioimmediately of any unauthorized use of your account or any other breach of security. Ancient Faith Radio will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. You may not use anyone else's account at any time, without the permission of the account holder.
You agree that you as the person legally responsible for use of this account, are at least 18 years of age. When making a donation through our website, you agree to supply Ancient Faith Radio with a current and truthful name, postal address, email address and telephone number for our records, and you have a continued obligation to keep this information current. You also agree that you are an authorized user of any checks or credit card account that you supply to us and agree that we have an obligation to fully investigate any possible fraudulent payment acts.
This web site contains material that is derived in whole or in part from materials supplied by Ancient Faith Radio and various other sources. This web site, including but not limited to its text, logos, content, audio files, photographs, and graphics (the "Intellectual Property"), is protected by copyrights, service marks, international treaties and/or other proprietary rights and laws of the U.S. and other countries. The Intellectual Property is also protected as a collective work or compilation under U.S. copyright and other laws and treaties. All individual articles, columns and other elements making up the Services are also copyrighted works. You agree to abide by all applicable copyright and other laws, as well as any additional copyright notices or restrictions contained in the Services.
You shall not upload to, distribute, or otherwise publish through this Site any Content, information, or other material that (a) violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person; (b) is libelous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under U.S. or international law; or (c) includes any bugs, viruses, worms, trap doors, Trojan horses or other harmful code or properties.
Content provided on this site is solely for informational purposes. It is your sole responsibility to consult a licensed physician or qualified health care professional for advice, diagnosis, and/or treatment of any health related condition. Submissions or opinions expressed on this Site are that of the individual expressing such Submission or opinion and may not reflect the opinions of Ancient Faith Radio. Product representations expressed on this Site are that of the vendor and are not made by Ancient Faith Radio.
You may not copy, reproduce, recompile, decompile, disassemble, reverse engineer, distribute, publish, display, perform, modify, upload to, create derivative works from, transmit or in any way exploit any part of the service, except that you may download material from the service and/or make one print copy for your own personal, noncommercial use, provided that you retain all copyright and other proprietary notices.
You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our Intellectual Property or any other content contained herein without our prior written consent.You may not use the services in any way to improve the quality of any data sold or contributed by you to any third party. furthermore, you may not use any of our trademarks, trade names or service marks in any manner which creates the impression that such names and marks belong to or are associated with you or are used with our consent, and you acknowledge that you have no ownership rights in and to any of these names and marks.
Further Restrictions on Use
You agree not to maliciously or intentionally interfere with the proper operation of the system, including but not limited to defeating identification procedures, obtaining access beyond that which you are authorized for, and impairing the availability, reliability, or quality of service for other customers. You further agree not to interfere with the proper operation of other systems reachable through the Internet, including any attempt at unauthorized access. You agree to follow the Acceptable Use Policy of any network or service you connect to.
You agree not to transmit unsolicited or prohibited advertising or other harassing or illegal materials through electronic mail, Usenet postings, or other Internet media. The use of Ancient Faith Radio or any other service with reference to services obtained through Ancient Faith Radio, for unsolicited mass mailings, postings, or other activities considered an annoyance to others, commonly referred to as "spamming" is strictly prohibited and may cause your services to be terminated immediately and without warning and you will be held fully responsible for any damages to you, Ancient Faith Radio, or any other party or parties resulting from any such conduct.
Limitation of Liability
While Ancient Faith Radio endeavors to maintain the highest professional quality of the services we offer on our web site, We cannot be held responsible for any errors, defects, lost profits, or other consequential damages arising from the use of this web site. We will not be liable for any damages or injury, including but not limited to, special or consequential damages that result from any failure of performance, error, omission, interruption, defect, delay in operation of transmission, or computer virus, the use of, or the inability to use, the materials in the Services even if there is negligence by Ancient Faith Radio or an authorized representative of Ancient Faith Radio; user has been advised of the possibility of such damages. The above limitation or exclusion may not apply to you to the extent that applicable law may not permit the limitation or exclusion of liability for incidental or consequential damages. Our total liability to you for all losses, damages, and causes of action (in contract, tort (including without limitation, negligence, or otherwise) will not exceed the amount you paid to Ancient Faith Radio to access the Services.
Ancient Faith Radio is not responsible for any direct, indirect, incidental, consequential or any other damages arising out of or in connection with the use of this web site or in reliance on the information available on the web site. This includes any personal injury, business interruption, loss of use, lost data, lost profits, or any other pecuniary loss, whether in an action of contract, negligence, or other tortuous action, even if we have been informed of the possibility.
Ancient Faith Radio makes no warranties or representations of any kind for the services being offered. The service is provided on an "as is" and "as available" basis without warranties of any kind, either express or implied, including but not limited to warranties of title, noninfringement, or implied warranties of merchantability or fitness for a particular purpose. No advice or information given by Ancient Faith Radio or its agents or employees shall create a warranty. Ancient Faith Radio provides no warranty that the service will be uninterrupted or error free or that any information, software or other material accessible on or via the service is free from viruses or other harmful components. Under no circumstances shall Ancient Faith Radio be liable for any direct, indirect, special, punitive, or consequential damages that result in any way from your use of or inability to use the service, or for third parties' use of the service to access your Web space, Shopping Cart Service, any other service we supply or are associated with, to access the Internet or any part thereof, or your or any third parties' reliance on or use of information, services, or merchandise provided on or through the service, or that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation or transmission, or any failure of performance. If you are dissatisfied with Ancient Faith Radio's service or any of its terms, conditions, rules, policies, guidelines, or practices, your sole and exclusive remedy is to discontinue using the service.
General Disclaimer and Indemnification
You agree to indemnify, defend, and hold harmless Ancient Faith Radio, our officers, directors, owners, agents and employees from any and all liability, penalties, losses, damages, costs, expenses, attorneys' fees, causes of action or claims caused by or resulting indirectly from your use of the service which damages either you, Ancient Faith Radio, or any other party or parties without limitation or exception. This indemnification and hold harmless agreement extends to all issues associated with your account.
We do not warrant or guarantee the accuracy, quality, completeness, currency, or validity of any information on the web site or linked from the web site. All information contained on this web site has been obtained from sources believed by Ancient Faith Radio to be accurate and reliable. Due to the possibility of human and mechanical error, Ancient Faith Radio is not responsible for any errors or omissions.
Links and Endorsement Disclaimer
This site may contain links to other sites on the Internet that are owned and operated by third parties. You acknowledge that Ancient Faith Radio is not responsible for the operation of or content located on or through any such site. Ancient Faith Radio does not necessarily endorse, support, sanction, or verify the information or material that is submitted to this web site or linked to this web site. Unless otherwise specifically indicated, Ancient Faith Radio has no affiliation with any of the organizations mentioned or described on the web site, and we make no representations or warranties with regard to those organizations. Nor do we endorse or affiliate ourselves with any of the organizations that are linked to or from this web site.
User Submissions to the Web Site or by Email
Except as otherwise provided elsewhere in this Agreement or on the Site, anything that you submit or post to the Site and/or provide Ancient Faith Radio, including without limitation, ideas, know-how, techniques, questions, reviews, comments, and suggestions (collectively, "Submissions") is and will be treated as nonconfidential and nonproprietary, and Ancient Faith Radio shall have the royalty-free, worldwide, perpetual, irrevocable and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, create derivative works from such Submissions by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or decompile such Submissions. All Submissions shall automatically become the sole and exclusive property of Ancient Faith Radio and shall not be returned to you.
In addition to the rights applicable to any Submission, when you post comments or reviews to the Site, you also grant Ancient Faith Radio the right to use the name that you submit with any review, comment, or other Content, if any, in connection with such review, comment, or other content. You represent and warrant that you own or otherwise control all of the rights to the reviews, comments and other Content that you post on this Site and that use of your reviews, comments, or other Content by Ancient Faith Radio will not infringe upon or violate the rights of any third party. You shall not use a false e-mail address, pretend to be someone other than yourself or otherwise mislead Ancient Faith Radio or third parties as to the origin of any Submissions or Content. Ancient Faith Radio may, but shall not be obligated to, remove or edit any Submissions (including comments or reviews) for any reason.
Additionally, your use of the Services and submission of material for publication on the pages of the web site are conditioned on your adherence to the following policies:
- You may not restrict or inhibit any other user from using or enjoying any of the Services.
- You may not post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane, indecent or racially, ethnically or otherwise objectionable material of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law.
- You may not post or transmit any information, software or other material which violates or infringes upon the rights of others, including material which is an invasion of privacy or publicity rights or which is protected by intellectual property rights.
- You may not post or transmit any information, software or other material which contains a virus or other harmful component.
- You may not post, transmit or in any way exploit any information, software or other material for commercial purposes, or which contains commercial advertising.
- We reserve the right at all times to disclose any information as necessary to satisfy any law, regulation or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in our sole discretion are objectionable or in violation of its Submission policies.
Claims of Copyright Infringement
It is our policy to respond expeditiously upon receiving notice of claimed intellectual property infringement. We will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act and other applicable intellectual property laws.
All notices of copyright infringement should be sent to Ancient Faith Radio.
Notices of copyright infringement should contain the following information:
- A physical or electronic signature of a person authorized to act on behalf of the copyright owner that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit Ancient Faith Radio to locate the material.
- The address, telephone number, or email address of the complaining party.
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement, under penalty of perjury, that the information in the notification is accurate, and that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. We reserve the right to remove and/or disable access from the Service to web pages of repeat infringers and reserves the right to terminate all account holders and subscribers who are repeat infringers of intellectual property laws.
Refusal or Discontinuance of Service
Ancient Faith Radio reserves the right to refuse or discontinue service to anyone at Ancient Faith Radio's sole discretion. Ancient Faith Radio may deny you access to all or part of the service without notice if you engage in any conduct or activities that Ancient Faith Radio in its sole discretion believes violates any of the terms and conditions in this agreement. Ancient Faith Radio shall have no responsibility to notify any third-party providers of services, merchandise, or information, nor any responsibility for any consequences resulting from such discontinuance or lack of notification. You agree that Ancient Faith Radio has the right to monitor the service electronically from time to time and to disclose any information as necessary to satisfy the law, or to protect itself, its subscribers, or consumers of products or services sold via the online store.
Access Outside the United States
Ancient Faith Radio makes no representation that the materials provided at this web site are appropriate or available for use in locations outside of the United States, its territories and possessions. If you use the Services from other locations, you are responsible for compliance with applicable local laws.
You agree that Ancient Faith Radio's remedy at law for any actual or threatened breach of this Agreement would be inadequate and that Ancient Faith Radio shall be entitled to specific performance or injunctive relief, or both, in addition to any damages that Ancient Faith Radio may be legally entitled to recover, together with reasonable expenses of any form of dispute resolution, including, without limitation, attorneys' fees.
No right or remedy of Ancient Faith Radio shall be exclusive of any other, whether at law or in equity, including without limitation damages injunctive relief, attorneys' fees and expenses.
No instance of waiver by Ancient Faith Radio of its rights or remedies under these terms and conditions shall imply any obligation to grant any similar, future or other waiver.
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. If we ask a third party to provide Services through this web site, the provisions of this agreement shall apply to your use of the Services, unless otherwise noted. We shall not be liable for any delay or failure to perform resulting directly or indirectly from any causes beyond our reasonable control.
We may freely assign or update this agreement. This agreement supersedes any written, electronic, or oral communication you may have had with Ancient Faith Radio or any agent or representative thereof, and constitutes the complete and total agreement between the parties.