AGREEMENT BETWEEN USER AND ChurchFinder.co.nz “Church Directory” The network of Web Sites (collectively, the “Church Finder Web Sites” or “ChurchFinder.co.nz””Church Directory”) its affiliates or subsidiaries (“CF”, “Church Finder”), is comprised of various Web sites and Web pages, including, but not limited to ChurchFinder.co.nz “Church Directory”. The Church Finder “Church Directory” Web Sites are offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Church Finder Web Sites “Church Directory” constitutes your agreement to all such terms, conditions, and notices. Your use of a particular Church Finder website included within the Church Finder Web Sites “Church Directory” network may also be subject to additional terms outlined elsewhere on that website (the “Additional Terms”). Additionally, the Church Finder Web Sites “Church Directory” may themselves contain additional terms that govern particular features or offers (for example, e-mail services or chat areas). In the event that any of the terms, conditions, and notices contained herein conflict with the Additional Terms or other terms and guidelines contained within any particular Church Finder website, then these terms shall control.
USE OF SITE. PERSONAL AND NON-COMMERCIAL USE LIMITATION. Unless otherwise specified, the Church Finder “Church Directory” Web Sites are for your personal and noncommercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Church Finder Web Sites. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, electronically copy, download and print hard copy portions of the material from the different areas of the Site solely for your own noncommercial use limited to personal search for a local church to attend, or to place an order with Church Finder or to purchase Church Finder products. Unless otherwise specified, you may not download, scrape, copy, distribute, transmit, reproduce, create derivative works from, or transcribe church data for more than 50 churches in a one-year period from ChurchFinder.co.nz “Church Directory” for any reason. Any other use of materials on this Site, including but not limited to the modification, reproduction, distribution, republication, display or transmission of the content of this Site, without prior written permission of Church Finder”Church Directory” is strictly prohibited.
Harassment in any manner or form on the Site or any of the Church Finder “Church Directory” Websites, including via e-mail and chat or by obscene or abusive language is strictly forbidden. Impersonation of others, including a Church Finder employee, host, or representative or other members or visitors on the Site is prohibited. You may not upload to, distribute, or otherwise publish through the Site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable, or which may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law. You may not upload commercial content on the Site or use the Site to solicit others to join or become members of any other commercial online service.
USE OF CHURCH DATA. PERSONAL AND NON-COMMERCIAL USE LIMITATION. AREEMENT TO NON-SOLICTATION OF CHURCHES. Unless otherwise specified, all church data on the Church Finder Web Sites are for your personal and noncommercial use. You may not use ChurchFinder.co.nz “Church Directory” to contact churches via mail, e-mail or phone for any reason other than a personal search for a church to attend in a local geographical area. Unless you have authorized, written permission from ChurchFinder.co.nz “Church Directory” , you may not use the church phone numbers or any church data to contact churches for or on behalf of an organization, company, ministry, event or any other purpose other than a personal search for a church to visit or attend. If you continue to browse and use this website, you are agreeing to not using the church data contained on ChurchFinder.co.nz “Church Directory” for any soliciation purposes. Any other use of materials on this Site, including but not limited to the modification, reproduction, distribution, republication, display or transmission of the content of this Site, without prior written permission of Church Finder is strictly prohibited.
COPYRIGHTS AND TRADEMARKS. The entire content included in this Site, including but not limited to text, design, graphics, interfaces, or code and the selection and arrangements thereof is copyrighted as a collective work under the New Zealand and other copyright laws, and is the property of Church Finder. The collective work includes works that are licensed to Church Finder”Church Directory”. Copyright 2016. ALL RIGHTS RESERVED. All trademarks, service marks, and trade names (collectively the “Marks”) are trademarks or registered trademarks of and are proprietary to ChurchFinder.co.nz “Church Directory”, or other respective owners as noted throughout the Church Finder Web Sites.
The following are trademarks of ChurchFinder.co.nz “Church Directory”
Church Finder “Church Directory” ChurchFinder.co.nz “Church Directory” The ChurchFinder.co.nz “Church Directory” logo
Trademarks used on CF Web Sites are the properties of the respective owners. These include, but are not limited to:
SermonCast Google Yahoo Bing
TYPOGRAPHICAL ERRORS. In the event a Church Finder “Church Directory” product or service is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, Church Finder shall have the right to refuse or cancel any orders placed for product or service listed at the incorrect price. Church Finder “Church Directory” shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Church Finder shall issue a credit to your credit card account in the amount of the incorrect price.
These terms and conditions are applicable to you upon your accessing the Site and/or completing the registration or shopping process. These terms and conditions, or any of them, may be modified or terminated by Church Finder “Church Directory” without notice at any time for any reason. The provisions relating to Copyrights and Trademarks, Disclaimer, Claims, Limitation of Liability, Indemnification, Applicable Laws, Arbitration and General, shall survive any termination.
USER PARTICIPATION. Church Finder “Church Directory” does not and cannot review all communications and materials posted to or created by users accessing the Site and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user generated content on the Site, Church Finder “Church Directory” is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the Site. However, Church Finder “Church Directory” reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) violates any law or regulation or (e) offensive or otherwise unacceptable to Church Finder “Church Directory” at its sole discretion. Note that any personally identifiable information you may post or transmit will be treated by Church Finder “Church Directory” in accordance with Church Finder “Church Directory”‘s Privacy Statement.
Except for any personally identifiable information we may collect from you under the guidelines established in our Privacy Statement, any material, information or other communication you transmit, upload or post to this Site (“Communications”)will be considered non-confidential and non-proprietary. Church Finder “Church Directory” will have no obligations with respect to the Communications. Church Finder “Church Directory” and its designees will be free to copy, disclose, distribute, incorporate and otherwise use the Communications and all data, images, sounds, text, and other things embodied therein for any and all commercial or noncommercial purposes.
You agree that any content whatsoever submitted by you becomes the property of Church Finder “Church Directory” and may be used, copied, sublicensed, adapted, transmitted, distributed, publicly performed, published, displayed or deleted as Church Finder “Church Directory” sees fit.
You agree to release Church Finder “Church Directory”, its parents and affiliates together with their respective employees, agents, officers, directors and shareholders, from any and all liability and obligations whatsoever in connection with or arising from your use of this web site. If at any time you are not happy with the web site or object to any material within the web site, your sole remedy is to cease using them.
USER SUBMISSIONS – CHURCH INFORMATION. Our mission is to help connect people with Christian churches. To fulfill this mission, we strive to maintain accurate information on Christian churches, and we monitor submissions to ensure that submissions made on the site are Christian churches (not schools, para-church ministries, or other non-profits; not churches of other religions outside of Christianity). We also ask our user community for assistance with monitoring submissions. If any user sees a listing that is not a Christian church, please submit it to us for review. Church Finder “Church Directory” reserves the exclusive right to edit or delete any information submitted as a Church Profile, or any church information submitted by a user that we deem to be inaccurate, incomplete, or inappropriate for our Christian audience. By submitting any information for inclusion on ChurchFinder.co.nz “Church Directory”, you agree that the information may be reviewed by Church Finder “Church Directory” at any time, and may be removed from Church Finder “Church Directory” by Church Finder”Church Directory” staff at any time.
USER SUBMISSIONS – CHURCH REVIEWS. As a Reviews website, both positive and negative reviews of churches are allowed, but Church Finder”Church Directory” reserve the right to edit or delete any review that we deem to be too derogatory. When you submit a Church Review, you are agreeing to it being published on-line, including a link to your Personal Profile on Church Finder “Church Directory”.
USER SUBMISSIONS – PERSONAL PROFILE. Each user that registers on ChurchFinder.co.nz “Church Directory” receives a free Personal Profile, that is linked to from content that you might add, such as a Church Review. User agrees that they understand that they are solely responsible for the information they include on their Personal Profile, and agree to having that information published on-line. E-mail addresses are NOT published on-line, but other information such as a user’s profile photo (or Avatar), name and city are published on the Personal Profiles. If a user wishes to be more anonymous, Church Finder “Church Directory” recommends using their First Name and first initial of Last Name (instead of entire last name), but this is complete at the discretion and responsibility of the user. Any user can edit their Personal Profile at any time from their Dashboard after registration.
USER FORUMS. Church Finder “Church Directory” may, but is not obligated to, monitor or review any areas on the Site where users transmit or post Communications or communicate solely with each other, including but not limited to chat rooms, bulletin boards or other user forums, and the content of any such Communications. Church Finder “Church Directory”, however, will have no liability related to the content of any such Communications, whether or not arising under the laws of copyright, trademarks, libel, privacy, obscenity, or otherwise.
You are welcome to post, transmit or submit messages and other materials(which include uploading files, inputting data or any other materials or engaging in any form of communication in connection with this Site)(collectively “Messages”) to bulletin boards, chat rooms, church profiles, personal profiles, or other public areas within, or in connection with, this Site (collectively “Forums”). However, Church Finder “Church Directory” accepts no responsibility whatsoever in connection with or arising from such Messages. In addition, children under the age of 13 are not authorized to post messages or participate in forums on this site.
Church Finder “Church Directory” does not endorse and has no control over the content of Messages submitted by others to Forums. Messages submitted to Forums are not necessarily reviewed by Church Finder “Church Directory” prior to posting and do not necessarily reflect the opinions or policies of Church Finder “Church Directory”. Church Finder “Church Directory” makes no warranties, express or implied, as to the content of the Messages in the Forums or the accuracy and reliability of any Messages and other materials in the Forums. Nonetheless, Church Finder “Church Directory” reserves the right to prevent you from submitting Materials to Forums and to edit, restrict or remove such Messages for any reason at any time.
Church Finder “Church Directory” assumes no responsibility for actively monitoring Forums for inappropriate Messages. If at any time Church Finder “Church Directory” chooses, in its sole discretion, to monitor the Forums, Church Finder “Church Directory” nonetheless assumes no responsibility for the content of the Messages, no obligation to modify or remove any inappropriate Messages, and no responsibility for the conduct of the user submitting any Message. In submitting Messages to Forums, you agree to strictly limit yourself to discussions about the subject matter for which the Forums are intended. You agree that Church Finder “Church Directory” accepts no liability whatsoever if it determines to prevent your Messages from being submitted or if it edits, restricts or removes your Messages. You also agree to permit any other user of this Site toaccess, view, store or reproduce the material for that other user’s personal use and not to restrict or inhibit the use of the Site by any other person.
You agree that you will not submit Messages to Forums that:
• Are unlawful, threatening, obscene, vulgar, pornographic, profane or indecent including any communication that constitutes (or encourages conduct that would constitute) a criminal offense, gives rise to civil liability or otherwise violates any local, state, national or international law;
• Violate the copyright, trademark or other intellectual property rights of any other person. By submitting Messages to Forums, you represent to Church Finder “Church Directory” that you are the rightful owner of such material or that you have first obtained permission to submit the material from the rightful owner;
• Improperly assume or claim the identity, characteristics or qualifications of another person
• Are for purposes of spamming
• Contain any virus or other harmful component
• Are libelous, or an invasion of privacy or publicity rights or any other third party rights; or
• Are for commercial purposes or contain advertising orare intended to solicit a person to buy or sell services or to make donations.
THIRD-PARTY LINKS. In an attempt to provide increased value to our visitors, this Site may contain links to other sites on the Internet that are owned and operated by third party vendors and other third parties (the “External Sites”). However, even if the third party is affiliated with Church Finder “Church Directory”, Church Finder “Church Directory” has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Church Finder “Church Directory”. Church Finder “Church Directory” has no responsibility or liability for these independent policies or actions and is not responsible for the privacy practices or the content of such web sites. These linked sites are only for your convenience and therefore you access them at your own risk. Links do not imply that Church Finder “Church Directory” sponsors, endorses, is affiliated with or associated with, or has been legally authorized to use any trademark, trade name, service mark, design, logo, symbol or other copyrighted materials displayed on or accessible through such External Sites. Nonetheless, Church Finder “Church Directory” seeks to protect the integrity of its Site and the links placed upon it and therefore requests any feedback on not only its own Site, but for sites it links to as well (including if a specific link does not work).You should contact the Site administrator or Webmaster for those External Sites if you have any concerns regarding such links or the content located on such External Sites.
CLAIMS. Each claim or statement about the effectiveness of Church Finder “Church Directory” products and/or each claim or statement comparing the effectiveness of Church Finder “Church Directory” products to the effectiveness of other products is expressly limited to the New Zealand, unless otherwise disclosed on the Site.
DISCLAIMER. Church Finder “Church Directory” makes no warranties or representations about the accuracy or completeness of this Site’s content or the content of any site or External Sites. Church Finder “Church Directory” does not filter advertisements or other content that children may view through our sites or “hot-linked” sites, and they could receive content and materials from the Internet and/or advertising that are inappropriate for children. We encourage parents and guardians to spend time online with their children and to consider using an electronic filtering software.
INDEMNIFICATION. You agree to indemnify, defend, and hold harmless Church Finder “Church Directory”, its officers, directors, employees, agents, licensors and suppliers (collectively the “Provider”) from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to your Internet account (including negligent or wrongful conduct), by you or any other person accessing the Site using your Internet account.
APPLICABLE LAWS. Your use of this Site shall be governed in all respects by the laws of the New Zealand, without regard to the choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this Site (including but not limited to the purchase of Church Finder “Church Directory” products) shall be in the state or federal courts located in New Zealand. Any cause of action or claim you may have with respect to the Site (including but not limited to the purchase of Church Finder “Church Directory” products) must be commenced within one (1) year after the claim or cause of action arises. Church Finder “Church Directory”‘s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Church Finder “Church Directory” may assign its rights and duties under this Agreement to any party at any time without notice to you. Church Finder “Church Directory” makes no representation that materials in the Site are appropriate or available for use in other locations, and access to them from territories where their content is illegal is prohibited. Those who choose to access this Site from locations outside New Zealand do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the materials in violation of New Zealand export laws and regulations. Any claim relating to the materials shall be governed by the internal substantive laws of New Zealand.
By using this Site, you agree that Church Finder “Church Directory”, at its sole discretion, may require you to submit any disputes arising from the use of this Site, or these Terms and Conditions concerning or, including disputes arising from or concerning their interpretation, violation, nullity, invalidity, non-performance or termination, as well as disputes about filling gaps in this contract or its adaptation to newly arisen circumstances, to final and binding arbitration under the International Rules of Arbitration of the American Arbitration Association, by one or more arbitrators appointed in accordance with the said Rules. Notwithstanding these rules, however, such proceeding shall be governed by the laws of the state as set forth in the previous section. Any award in an arbitration initiated under this clause shall be limited to monetary damages and shall include no injunction or direction to any party other than the direction to pay a monetary amount. Further, the arbitrator(s) shall have no authority to award punitive, consequential or other damages not measured by the prevailing party’s actual damages in any arbitration initiated under this section, except as may be required by statute.
GENERAL. Church Finder “Church Directory” may revise these Terms at any time by updating this posting. You should visit this page from time to time to review the then-current Terms because they are binding on you. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages at this Site.
Copyright All Rights Reserved 2016-2017, ChurchFinder.co.nz “Church Directory”
Last updated 03/Dec/2016