By viewing Faith Online Inc’s websites, registering with Faith Online or its affiliated websites, or participating in Faith Online affiliated discussion groups or other Faith Online website activities, you agree to the following terms of use: 1. The “Faith Online sites” shall mean all areas and all subscriptions or services provided by Faith Online Inc. on the World Wide Web, including the following Gateways: www.AWisdom.com; www.BuddhistGateway.com; www.ChristianGateway.com; www.faith.com; www.HinduGateway.com; www.JewishGateway.com; www.ModernPaths.com; www.MuslimGateway.com; and other Gateways as may be added in the future. The terms “Community Areas” shall mean bulletin boards, discussion groups and other participatory areas on the Faith Online Inc. Sites. The “User” or “Users” shall refer to anyone who registers a user ID on the Faith Online Inc. Sites, or views screens, listens to audio files or participates in Faith Online site activities. 2. Faith Online Inc. shall have the right at any time to change or discontinue any aspect of the Faith Online Inc. Sites, including, but not limited to, the Community Areas; the content available; hours of availability; and equipment needed for access or use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including but not limited to posting on Community Areas a revision of these Terms of Use or notification by electronic mail. Any use by the User of the Faith Online sites shall conclusively be deemed to be acceptance by the User of such changes, modifications, additions or deletions. The User agrees to review the terms and conditions of these Terms of Use periodically to be aware of such revisions. 3. Use of the Faith Online Inc. Sites and the Community Areas. A. The Community Areas shall be used for lawful purposes only. No material shall be posted on or transmitted through the Community Areas that violates or infringes in any way upon the rights of others, which is unlawful, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, indecent, or otherwise objectionable, which encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violates any law. No conduct shall be undertaken that, in Faith Online Inc.’s judgment, restricts or inhibits any other user from using or enjoying the Community Areas. Advertising or commercial solicitation may not be posted on or transmitted through the Community Areas by any user of the areas. B. The Faith Online Inc. Sites and Community Areas contain copyrighted material, trademarks and other proprietary information including text, software, photos, video, graphics, music, and sound, and the entire contents of the Faith Online Inc. Sites are copyrighted as a collective work under the copyright laws of the United States. Faith Online Inc. owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content originally generated by Faith Online Inc. Each third-party content provider owns the copyright in content original to it. The User agrees not to modify, publish, transmit, display, participate in the transfer or sale of, create derivative works of, or in any way exploit the content of the Faith Online sites or any portion of it. Except as otherwise expressly permitted under copyright law, the User may not copy, redistribute, publish, display, or commercially exploit any material from the Faith Online Inc. Sites without the express permission of Faith Online Inc. and the copyright owner. In the event of any permitted copying, redistribution or publication of material from the Faith Online sites, no changes or deletion of author attribution, trademark, legend or copyright notice shall be made. The User acknowledges that he or she does not acquire any ownership rights by downloading copyrighted material. C. The User will not upload, post, or otherwise make available on the Community Areas any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. The User is responsible for determining that such material is not protected by copyright, trademark or other proprietary right. The User shall be solely liable for any damages resulting from any infringement of copyright, trademark or other proprietary right, or any other harm resulting from any uploading, posting or submission. D. The User hereby grants to Faith Online Inc. royalty-free, perpetual, irrevocable, nonexclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display any message, content, stories, reviews, or other related material submitted to Faith Online Inc. sites or posted in the Community Areas and/or any e-mail or submission form template contents sent by the User to Faith Online Inc. (in whole or in part) and/or to incorporate this material in other works in any forms, media or technology now known or later developed. E. The User may not (i) select or use a member name or e-mail address of another person with the intention of impersonating that person; (ii) use a member name of e-mail address or anyone else without authorization; (iii) use a member name in violation of the intellectual property rights of any person; or (iv) use a member name that Faith Online Inc. deems to be offensive. F. The User shall provide Faith Online Inc. with accurate, complete and updated information at the time of registration. G. The Faith Online Inc. Sites contain links to other Web sites, resources, and advertisers. Faith Online Inc. is not responsible for the availability of these external sites, nor does it endorse nor is it responsible for the contents, advertising, products or other materials made available on such external sites. Under no circumstances shall Faith Online Inc. be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused to the User in connection with the use of or reliance on any content, goods or services available on such external site. The User will direct any concerns to such external site’s Webmaster or administrator. H. The User shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of the Faith Online Inc. Sites and Community Areas and all charges related thereto. I. The foregoing provisions of this Section 3 are for the benefit of Faith Online Inc., its affiliates, third-party content providers and licensers, and each shall have the right to asset and enforce such provisions directly on its own behalf. J. Faith Online Inc. has carefully designed the Faith Online Inc. Sites with the purpose of delivering certain content to Users in a particular format and with a particular appearance. No third party shall have the right to make use of the content of the Faith Online Inc. Sites in any format where third-party advertising or other materials that Faith Online Inc. did not authorize is viewed or viewable together with Faith Online Inc.’s proprietary content. 4. Monitoring Faith Online Inc. shall have the right, but not the obligation, to monitor the content of the Community Areas to determine compliance with this agreement and any other operating rules that may be established by Faith Online Inc. from time to time. Faith Online Inc. shall have the right at its sole discretion to edit, refuse to post or remove any material submitted to or posted on Community Areas. Faith Online Inc. has the right, but not the obligation, to remove any material that Faith Online Inc., at its sole discretion, finds to be in violation of the provisions hereof, otherwise objectionable or stale. Notwithstanding this right of Faith Online Inc., Users shall remain solely responsible for the content of their messages. The User acknowledges and agrees that neither Faith Online Inc. nor any of its affiliates shall assume or have any liability for any action or inaction by Faith Online Inc. with respect to any conduct within the Community Areas or any communication or posting on the Community Areas. 5. Disclaimer of Warranty; Limitation of Liability A. The User expressly agrees that use of the Community Areas and the Faith Online Inc. Sites is solely at the User’s risk. Neither Faith Online Inc., its affiliates, nor any of their respective employees, agents, third-party content providers or licensers warrant that the Faith Online Inc. Sites will be uninterrupted or error-free; nor do they make any warranty as to the results that may be obtained from use of the Faith Online Inc. Sites or as to the accuracy, reliability or content of any information, service or products provided through the Faith Online Inc. Sites or Community Areas. B. The Faith Online Inc. Sites and Community Areas are provided on an “as is,” “as available” basis without warranties of any kind, either express or implied, including but not limited to warranties of title or implied warranties of merchantability or fitness for a particular purpose, other than those warranties that are implied by and incapable of exclusion, restriction or modification under the laws applicable to this agreement. C. The disclaimers of liability contained in this Section 5 apply to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behavior, negligence, or under any other cause of action. The User specifically acknowledges that Faith Online Inc. is not liable for the defamatory, offensive or illegal conduct of other Users or third parties and that the risk of injury from the foregoing rests entirely with the User. D. In no event will Faith Online Inc. or any person or entity involved in creating, producing or distributing the Faith Online Inc. Sites be liable for any direct, indirect, incidental, special or consequential damages arising out of the use of or inability to use the Faith Online Inc. Sites or out of the breach of any warranty. The User hereby acknowledges that the provisions of this Section 5 shall apply to all content on the Faith Online Inc. Sites and/or the Community Areas. Faith Online Inc.’s liability to users, if any, shall in no event exceed the total amount paid to Faith Online Inc. E. Faith Online Inc. neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement on the Faith Online Inc. Sites, nor for any offensive, defamatory or obscene posting made on the Community Areas by anyone other than authorized Faith Online Inc. employee spokespersons while acting in their official capacities. Under no circumstance will Faith Online Inc. be liable for any loss or damage caused by the User’s reliance on information obtained through either the content on the Faith Online Inc. Sites and/or postings on the Community Areas. It is the User’s responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through the Faith Online Inc. Sites and/or the Community Areas. The User is advised to seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content, including but not limited to financial, health, psychological or psychiatric information, opinion, advice, or other content. F. Faith Online Inc. does not endorse, warrant or guarantee any products or services offered through the Faith Online Inc. Sites and will not be a party to or in any way monitor any transactions between the User and third-party providers of or products or services. As with the purchase of a product or service through any medium or in any environment, the User is advised to use his or her best judgment and exercise caution where appropriate. Faith Online Inc. makes products or services available on the Faith Online Inc. Sites without warranties of any kind, either express or implied, including but not limited to warranties of title or implied warranties of merchantability or fitness for a particular purpose, other than those warranties which are implied by and incapable of exclusion, restriction or modification under the laws applicable to this agreement. 6. Indemnification. The User agrees to defend, indemnify and hold harmless Faith Online Inc., its affiliates, and their respective directors, officers, employees and agents from and against all claims made by the User of the Faith Online Inc. Sites and/or Community Areas. 7. Termination. Faith Online Inc. shall have the right to immediately terminate this Agreement with respect to any User which Faith Online Inc., deems to have broached any terms of this Agreement. The provisions of Sections 5, 6, 7, 8, and 10 shall survive termination of this Agreement. 8. Trademarks. All trademarks appearing on the Faith Online Inc. Sites are the property of their respective owners, including, in some instances, Faith Online Inc. 9. Privacy. A. The Faith Online Inc. Sites collect no personally identifying information about Users except when specifically and knowingly provided by the User. B. The User’s personally identifying information may be used by Faith Online Inc. for editorial purposes. Faith Online Inc. may also use such information provided by adult Users for promotional and marketing purposes. The User has the ability to stop his or her information from being used for marketing or promotional purposes by sending an e-mail request to Faith Online Inc. at Admin@faith.com. C. Many of the Faith Online Inc. Sites place a “cookie” in the browser files of the User’s computer. Although the cookie itself does not contain any personally identifying information, the cookie may from time to time enable Faith Online Inc. to relate the User’s use of the Faith Online Inc. Sites to information that the User has specifically and knowingly provided. D. The User is advised that when he or she voluntarily discloses personal information (e.g., user name, e-mail address) on the Community Areas, that information can be collected and used by others and may result in unsolicited messages from other posters or parties. 10. Subscription Services; Products (a) Subscription Services. Faith Online Inc. makes available to Users certain online subscription services and other paid services and products. The following terms and conditions shall apply in the event that the User subscribes to any subscription service or services offered by Faith Online Inc. on the Faith Online Inc. Sites (the “Subscription”). A. Subscription Terms. The Subscription will continue until Faith Online Inc. receives notification of termination from the User as described in subsection C below. The User authorizes Faith Online Inc. to charge the User’s credit card account designated during the registration process the current fees and charges for each term according to the subscription plan chosen by the User. If the User has accepted an offer that includes a free trial period, the User’s credit card account will not be charged until after the end of the free trial period. If the User has ordered in response to a free trial period offer, the User may cancel the subscription process and avoid a charge to his or her credit card account by notifying Faith Online Inc. by electronic mail. The User is responsible for any charges associated with connecting to the Faith Online Inc. Sites, including but not limited to any telephone line charges or any Internet access provider charges. The User will provide Faith Online Inc. with accurate, complete and updated information as to the User’s name, and e-mail address and credit card account information provided by the User at registration. Failure to do so shall constitute a breach of this Agreement. B. Changed Terms. Faith Online Inc. shall have the right at any time to impose, change or modify its fees and billing methods, or other terms and conditions applicable to the User’s use of the Subscription or to impose new terms and conditions. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, by not limited to, posting on the Faith Online Inc. Sites a revised version of this Agreement or notification by electronic or conventional mail. If any such change is unacceptable to the User, the User may terminate his or her Subscription as provided in subsection C below. Any use of the Subscription by the User after such notice shall be conclusively deemed to constitute acceptance by the User of such changes, modifications, additions or deletions. The User may also be subject to additional terms and conditions imposed by third-party content providers in connection with third-party content, software or services. C. Termination. Either the User or Faith Online Inc. may terminate this Agreement at any time. The User’s only right with respect to any dissatisfaction with (i) any terms and conditions of this Agreement, or policy or practice of Faith Online Inc. in operating the Faith Online Inc. Sites and Community Areas, (ii) content available through the Subscription or change therein, or (iii) amount or type of fees or billing methods, is to terminate this Agreement by sending notice to Faith Online Inc., P.O. Box 269, Planetarium Station, New York, NY 10024, or by e-mail sent to our Help form, or by e-mail sent to Admin@faith.com. Notice of termination will be effective upon receipt by Faith Online Inc. Without limiting the foregoing, Faith Online Inc. shall have the right to immediately terminate this Agreement with respect to any User which Faith Online Inc., at its sole discretion, considers to be unacceptable, or in the event of any breach by the User of this Agreement. In the event that the User’s account is terminated or canceled, no refund of any fees, including monthly membership fee, will be granted. The provisions of Sections 5, 6, 7, 8 and this Section 10 shall survive termination of this Agreement. Fees paid for any Subscription are paid in advance and are not refundable in whole or in part, provided, however, that in the event of termination by Faith Online Inc. for any reason other than breach of this Agreement by the User or termination by the User in accordance with this subsection C of this Agreement in which the User identifies the termination as resulting from changed terms, Faith Online Inc. shall make a pro rata refund to the User. (b) Products and Other Services. With respect to products and services offered for sale by Faith Online Inc. and third parties or through the Faith Online Sites: the User shall be informed of all terms of the offer, including but not limited to pricing, methods of payment, shipping and handling, credit-card information, sales tax, return and refund policies and applicable privacy policies on the screen where the User makes the purchase. 11. Miscellaneous. This Agreement and any operating rules for the Faith Online Inc. Sites and the Community Areas established by Faith Online Inc. to the subject matter hereof shall supersede all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be construed in accordance with the laws of the State of New York, without regard to its conflict of laws rules. No waiver by either part of any breach or default hereunder shall be deemed to be a waiver or any preceding or subsequent breach or default. The section headings used herein are used for convenience only and shall not be given any legal import.
1. The “Faith Online sites” shall mean all areas and all subscriptions or services provided by Faith Online Inc. on the World Wide Web, including the following Gateways: www.AWisdom.com; www.BuddhistGateway.com; www.ChristianGateway.com; www.faith.com; www.HinduGateway.com; www.JewishGateway.com; www.ModernPaths.com; www.MuslimGateway.com; and other Gateways as may be added in the future. The terms “Community Areas” shall mean bulletin boards, discussion groups and other participatory areas on the Faith Online Inc. Sites. The “User” or “Users” shall refer to anyone who registers a user ID on the Faith Online Inc. Sites, or views screens, listens to audio files or participates in Faith Online site activities.
2. Faith Online Inc. shall have the right at any time to change or discontinue any aspect of the Faith Online Inc. Sites, including, but not limited to, the Community Areas; the content available; hours of availability; and equipment needed for access or use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including but not limited to posting on Community Areas a revision of these Terms of Use or notification by electronic mail. Any use by the User of the Faith Online sites shall conclusively be deemed to be acceptance by the User of such changes, modifications, additions or deletions. The User agrees to review the terms and conditions of these Terms of Use periodically to be aware of such revisions.
3. Use of the Faith Online Inc. Sites and the Community Areas.
A. The Community Areas shall be used for lawful purposes only. No material shall be posted on or transmitted through the Community Areas that violates or infringes in any way upon the rights of others, which is unlawful, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, indecent, or otherwise objectionable, which encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violates any law. No conduct shall be undertaken that, in Faith Online Inc.’s judgment, restricts or inhibits any other user from using or enjoying the Community Areas. Advertising or commercial solicitation may not be posted on or transmitted through the Community Areas by any user of the areas.
B. The Faith Online Inc. Sites and Community Areas contain copyrighted material, trademarks and other proprietary information including text, software, photos, video, graphics, music, and sound, and the entire contents of the Faith Online Inc. Sites are copyrighted as a collective work under the copyright laws of the United States. Faith Online Inc. owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content originally generated by Faith Online Inc. Each third-party content provider owns the copyright in content original to it. The User agrees not to modify, publish, transmit, display, participate in the transfer or sale of, create derivative works of, or in any way exploit the content of the Faith Online sites or any portion of it. Except as otherwise expressly permitted under copyright law, the User may not copy, redistribute, publish, display, or commercially exploit any material from the Faith Online Inc. Sites without the express permission of Faith Online Inc. and the copyright owner. In the event of any permitted copying, redistribution or publication of material from the Faith Online sites, no changes or deletion of author attribution, trademark, legend or copyright notice shall be made. The User acknowledges that he or she does not acquire any ownership rights by downloading copyrighted material.
C. The User will not upload, post, or otherwise make available on the Community Areas any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. The User is responsible for determining that such material is not protected by copyright, trademark or other proprietary right. The User shall be solely liable for any damages resulting from any infringement of copyright, trademark or other proprietary right, or any other harm resulting from any uploading, posting or submission.
D. The User hereby grants to Faith Online Inc. royalty-free, perpetual, irrevocable, nonexclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display any message, content, stories, reviews, or other related material submitted to Faith Online Inc. sites or posted in the Community Areas and/or any e-mail or submission form template contents sent by the User to Faith Online Inc. (in whole or in part) and/or to incorporate this material in other works in any forms, media or technology now known or later developed.
E. The User may not (i) select or use a member name or e-mail address of another person with the intention of impersonating that person; (ii) use a member name of e-mail address or anyone else without authorization; (iii) use a member name in violation of the intellectual property rights of any person; or (iv) use a member name that Faith Online Inc. deems to be offensive.
F. The User shall provide Faith Online Inc. with accurate, complete and updated information at the time of registration.
G. The Faith Online Inc. Sites contain links to other Web sites, resources, and advertisers. Faith Online Inc. is not responsible for the availability of these external sites, nor does it endorse nor is it responsible for the contents, advertising, products or other materials made available on such external sites. Under no circumstances shall Faith Online Inc. be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused to the User in connection with the use of or reliance on any content, goods or services available on such external site. The User will direct any concerns to such external site’s Webmaster or administrator
. H. The User shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of the Faith Online Inc. Sites and Community Areas and all charges related thereto.
I. The foregoing provisions of this Section 3 are for the benefit of Faith Online Inc., its affiliates, third-party content providers and licensers, and each shall have the right to asset and enforce such provisions directly on its own behalf.
J. Faith Online Inc. has carefully designed the Faith Online Inc. Sites with the purpose of delivering certain content to Users in a particular format and with a particular appearance. No third party shall have the right to make use of the content of the Faith Online Inc. Sites in any format where third-party advertising or other materials that Faith Online Inc. did not authorize is viewed or viewable together with Faith Online Inc.’s proprietary content.
4. Monitoring
Faith Online Inc. shall have the right, but not the obligation, to monitor the content of the Community Areas to determine compliance with this agreement and any other operating rules that may be established by Faith Online Inc. from time to time. Faith Online Inc. shall have the right at its sole discretion to edit, refuse to post or remove any material submitted to or posted on Community Areas. Faith Online Inc. has the right, but not the obligation, to remove any material that Faith Online Inc., at its sole discretion, finds to be in violation of the provisions hereof, otherwise objectionable or stale. Notwithstanding this right of Faith Online Inc., Users shall remain solely responsible for the content of their messages. The User acknowledges and agrees that neither Faith Online Inc. nor any of its affiliates shall assume or have any liability for any action or inaction by Faith Online Inc. with respect to any conduct within the Community Areas or any communication or posting on the Community Areas
. 5. Disclaimer of Warranty; Limitation of Liability
A. The User expressly agrees that use of the Community Areas and the Faith Online Inc. Sites is solely at the User’s risk. Neither Faith Online Inc., its affiliates, nor any of their respective employees, agents, third-party content providers or licensers warrant that the Faith Online Inc. Sites will be uninterrupted or error-free; nor do they make any warranty as to the results that may be obtained from use of the Faith Online Inc. Sites or as to the accuracy, reliability or content of any information, service or products provided through the Faith Online Inc. Sites or Community Areas.
B. The Faith Online Inc. Sites and Community Areas are provided on an “as is,” “as available” basis without warranties of any kind, either express or implied, including but not limited to warranties of title or implied warranties of merchantability or fitness for a particular purpose, other than those warranties that are implied by and incapable of exclusion, restriction or modification under the laws applicable to this agreement.
C. The disclaimers of liability contained in this Section 5 apply to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behavior, negligence, or under any other cause of action. The User specifically acknowledges that Faith Online Inc. is not liable for the defamatory, offensive or illegal conduct of other Users or third parties and that the risk of injury from the foregoing rests entirely with the User.
D. In no event will Faith Online Inc. or any person or entity involved in creating, producing or distributing the Faith Online Inc. Sites be liable for any direct, indirect, incidental, special or consequential damages arising out of the use of or inability to use the Faith Online Inc. Sites or out of the breach of any warranty. The User hereby acknowledges that the provisions of this Section 5 shall apply to all content on the Faith Online Inc. Sites and/or the Community Areas. Faith Online Inc.’s liability to users, if any, shall in no event exceed the total amount paid to Faith Online Inc.
E. Faith Online Inc. neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement on the Faith Online Inc. Sites, nor for any offensive, defamatory or obscene posting made on the Community Areas by anyone other than authorized Faith Online Inc. employee spokespersons while acting in their official capacities. Under no circumstance will Faith Online Inc. be liable for any loss or damage caused by the User’s reliance on information obtained through either the content on the Faith Online Inc. Sites and/or postings on the Community Areas. It is the User’s responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through the Faith Online Inc. Sites and/or the Community Areas. The User is advised to seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content, including but not limited to financial, health, psychological or psychiatric information, opinion, advice, or other content.
F. Faith Online Inc. does not endorse, warrant or guarantee any products or services offered through the Faith Online Inc. Sites and will not be a party to or in any way monitor any transactions between the User and third-party providers of or products or services. As with the purchase of a product or service through any medium or in any environment, the User is advised to use his or her best judgment and exercise caution where appropriate. Faith Online Inc. makes products or services available on the Faith Online Inc. Sites without warranties of any kind, either express or implied, including but not limited to warranties of title or implied warranties of merchantability or fitness for a particular purpose, other than those warranties which are implied by and incapable of exclusion, restriction or modification under the laws applicable to this agreement.
6. Indemnification.
The User agrees to defend, indemnify and hold harmless Faith Online Inc., its affiliates, and their respective directors, officers, employees and agents from and against all claims made by the User of the Faith Online Inc. Sites and/or Community Areas.
7. Termination.
Faith Online Inc. shall have the right to immediately terminate this Agreement with respect to any User which Faith Online Inc., deems to have broached any terms of this Agreement. The provisions of Sections 5, 6, 7, 8, and 10 shall survive termination of this Agreement.
8. Trademarks. All trademarks appearing on the Faith Online Inc. Sites are the property of their respective owners, including, in some instances, Faith Online Inc.
9. Privacy.
A. The Faith Online Inc. Sites collect no personally identifying information about Users except when specifically and knowingly provided by the User.
B. The User’s personally identifying information may be used by Faith Online Inc. for editorial purposes. Faith Online Inc. may also use such information provided by adult Users for promotional and marketing purposes. The User has the ability to stop his or her information from being used for marketing or promotional purposes by sending an e-mail request to Faith Online Inc. at Admin@faith.com.
C. Many of the Faith Online Inc. Sites place a “cookie” in the browser files of the User’s computer. Although the cookie itself does not contain any personally identifying information, the cookie may from time to time enable Faith Online Inc. to relate the User’s use of the Faith Online Inc. Sites to information that the User has specifically and knowingly provided.
D. The User is advised that when he or she voluntarily discloses personal information (e.g., user name, e-mail address) on the Community Areas, that information can be collected and used by others and may result in unsolicited messages from other posters or parties.
10. Subscription Services; Products
(a) Subscription Services. Faith Online Inc. makes available to Users certain online subscription services and other paid services and products. The following terms and conditions shall apply in the event that the User subscribes to any subscription service or services offered by Faith Online Inc. on the Faith Online Inc. Sites (the “Subscription”).
A. Subscription Terms. The Subscription will continue until Faith Online Inc. receives notification of termination from the User as described in subsection C below. The User authorizes Faith Online Inc. to charge the User’s credit card account designated during the registration process the current fees and charges for each term according to the subscription plan chosen by the User. If the User has accepted an offer that includes a free trial period, the User’s credit card account will not be charged until after the end of the free trial period. If the User has ordered in response to a free trial period offer, the User may cancel the subscription process and avoid a charge to his or her credit card account by notifying Faith Online Inc. by electronic mail. The User is responsible for any charges associated with connecting to the Faith Online Inc. Sites, including but not limited to any telephone line charges or any Internet access provider charges. The User will provide Faith Online Inc. with accurate, complete and updated information as to the User’s name, and e-mail address and credit card account information provided by the User at registration. Failure to do so shall constitute a breach of this Agreement.
B. Changed Terms. Faith Online Inc. shall have the right at any time to impose, change or modify its fees and billing methods, or other terms and conditions applicable to the User’s use of the Subscription or to impose new terms and conditions. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, by not limited to, posting on the Faith Online Inc. Sites a revised version of this Agreement or notification by electronic or conventional mail. If any such change is unacceptable to the User, the User may terminate his or her Subscription as provided in subsection C below. Any use of the Subscription by the User after such notice shall be conclusively deemed to constitute acceptance by the User of such changes, modifications, additions or deletions. The User may also be subject to additional terms and conditions imposed by third-party content providers in connection with third-party content, software or services.
C. Termination. Either the User or Faith Online Inc. may terminate this Agreement at any time. The User’s only right with respect to any dissatisfaction with (i) any terms and conditions of this Agreement, or policy or practice of Faith Online Inc. in operating the Faith Online Inc. Sites and Community Areas, (ii) content available through the Subscription or change therein, or (iii) amount or type of fees or billing methods, is to terminate this Agreement by sending notice to Faith Online Inc., P.O. Box 269, Planetarium Station, New York, NY 10024, or by e-mail sent to our Help form, or by e-mail sent to Admin@faith.com. Notice of termination will be effective upon receipt by Faith Online Inc. Without limiting the foregoing, Faith Online Inc. shall have the right to immediately terminate this Agreement with respect to any User which Faith Online Inc., at its sole discretion, considers to be unacceptable, or in the event of any breach by the User of this Agreement. In the event that the User’s account is terminated or canceled, no refund of any fees, including monthly membership fee, will be granted. The provisions of Sections 5, 6, 7, 8 and this Section 10 shall survive termination of this Agreement. Fees paid for any Subscription are paid in advance and are not refundable in whole or in part, provided, however, that in the event of termination by Faith Online Inc. for any reason other than breach of this Agreement by the User or termination by the User in accordance with this subsection C of this Agreement in which the User identifies the termination as resulting from changed terms, Faith Online Inc. shall make a pro rata refund to the User.
(b) Products and Other Services. With respect to products and services offered for sale by Faith Online Inc. and third parties or through the Faith Online Sites: the User shall be informed of all terms of the offer, including but not limited to pricing, methods of payment, shipping and handling, credit-card information, sales tax, return and refund policies and applicable privacy policies on the screen where the User makes the purchase.
11. Miscellaneous.
This Agreement and any operating rules for the Faith Online Inc. Sites and the Community Areas established by Faith Online Inc. to the subject matter hereof shall supersede all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be construed in accordance with the laws of the State of New York, without regard to its conflict of laws rules. No waiver by either part of any breach or default hereunder shall be deemed to be a waiver or any preceding or subsequent breach or default. The section headings used herein are used for convenience only and shall not be given any legal import.
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