AFFN Website Terms of Use

Ancient-Future Faith Network – Website Terms of Use

Welcome to the official website (“Website”) of the Ancient-Future Faith Network (“AFFN”). We appreciate your interest in using our Website and learning more about Ancient-Future faith and worship. The following Terms of Use (“Terms of Use”) establish the terms under which individuals and organizations (“Users”) may access, use and download Website Content. Any person or organization accessing or using the Website is a “User” for purposes of these Terms of Use. Use of the Website and/or Website Content constitutes the User’s full agreement to comply with and be bound by each and all of these Terms of Use, as well as the AFFN Privacy Policy, Resource Policy and DMCA Notice, all of which are included and incorporated by reference into these Terms of Use. The Website is owned and operated by AFFN and made accessible to Users pursuant to the specific terms and conditions of the Terms of Use and other policies, rules, procedures and practices established, posted and modified by AFFN and Website from time to time, with or without prior notice to Users. Users are solely responsible for monitoring the Website for changes to the Terms of Use and other Website policies and procedures.

1. General Disclaimer. The Website may contain facts, views, opinions, statements, articles, recommendations, advertisements, Audiovisual Materials (as defined below), other content, and links to external websites not owned or controlled by the AFFN (individually and collectively, “Website Content”). AFFN and Website make no warranties or representations as to the accuracy, safety or value of Website Content created, published, displayed, provided, distributed or linked by third parties, or for content contained on third-party websites linked from the AFFN Website, and assume no liability or responsibility for errors or omissions in Website Content. Use and reliance upon Website Content is taken at the User’s sole risk.

2. Description of Service. The Website provides Users with access and limited, personal use rights to Website Content. Each User is personally responsible for obtaining, providing and maintaining: (a) access to the Internet, including without limitation payment of telephone, cable or other connection and service fees associated with Internet access, and (b) all equipment required to access and use the Website and the Internet, including without limitation access to a computer and modem. AFFN and Website accept no responsibility or liability for the ability or inability of any User to access the Website or to take advantage of some or all Website Content.

3. Audiovisual Materials, Limited License. Portions of the Website may enable or permit Users to access, download, read and/or listen to Website Content posted, offered and provided by or on behalf of AFFN and available in MP3, .pdf, or other viewable, downloadable and/or streaming formats (collectively, “Audiovisual Materials”). Audiovisual Materials are part of Website Content and subject to the Terms of Use. Audiovisual Materials are copyrighted under the laws of the United States and remain the exclusive property of AFFN and/or the relevant third party copyright holders. AFFN hereby grants Users a limited, non-transferable, personal license to download and listen to Audiovisual Materials (“License”). This License is for private, personal use only. Audiovisual Materials may not be edited, altered, reproduced, published, distributed, sold, copied, rewritten, or modified from their original form and content. Audiovisual Materials and copies of Audiovisual Materials may not be sold, shared, transferred or distributed without the advance written consent of AFFN and/or the relevant third party copyright holder(s). Audiovisual Materials may not be used or reproduced for public performance, use or display without a separate license and permission from AFFN and/or the relevant third party copyright holder(s). AFFN does not facilitate or arrange use licenses for Website Content owned by third parties.

4. Personal Use Only. The AFFN Website, Website Content and related services are made available to Users for personal, non-commercial use only unless otherwise specifically stated in connection with the relevant Website Content. Users may not copy, reproduce, edit, alter, overwrite, block, reproduce, or delete Website Content. Users may not alter the appearance or functionality of the Website. Users may not use the Website or Website Content to advertise or sell a product or service without the advance written consent of the AFFN and any relevant copyright holders. AFFN reserves the sole, exclusive and discretionary right to determine what constitutes “selling” and “advertising” and to grant or deny any person or entity the right to sell or advertise a product or service on the Website or to use Website or Website Content for sales, advertising or any other commercial purpose. Users may not take, appropriate, copy, publish, reproduce, or use all or any part of the Website or Website Content for any purpose without the advance written consent of AFFN or the legal owner of the relevant content. The AFFN Resource Policy (located online) is incorporated into this paragraph by reference as if fully set forth herein.

5. User Accounts. The Website may provide Users with the opportunity to register for an account (“Account”) with the Website, and may allow Users with Accounts access to special Website Content and privileges not available to Users who choose not to obtain an Account. Accounts may or may not be available free of charge. Applicable Account fees and benefits will be posted on the Website and are subject to change from time to time, with or without notice. The Website will post notices describing all relevant Account fees, terms, conditions and requirements. Only Users who register for an Account, pay all relevant fees, and agree to abide by all applicable rules, policies, and requirements are permitted to access and use Website Content and privileges restricted to or provided for Account holders only.

6. Passwords and Security.  Users who register for an Account will be required to create a password and provide other information, some of which may be selected or provided by the User. Each User is completely responsible for all activities occurring under or arising out of Accounts registered to, for or by the relevant User, with no exceptions. Each User agrees to notify AFFN and the Website immediately of any unauthorized use of the User’s Account or any other known breach of the Terms of Use. Each User is responsible for maintaining the confidentiality and security of passwords and Account information. Users may change the password assigned to the User’s Account pursuant to instructions posted on the Website. Users may close existing Accounts and set up new Accounts at will, provided that a User may not close an existing Account and/or open a new Account (a) for any reason or purpose which would violate or circumvent the Terms of Use, any posted policy, rule, procedure or practice of the Website, AFFN, or applicable law, (b) to commit any illegal act or misrepresent the identity of User or any third party, and/or (c) to re-establish an account or access to Website by or on behalf of any individual or entity whose use has been suspended or terminated by AFFN or Website for any reason.

7. Protected Content. Users understand and agree that Website Content is protected by copyright, trademark, trade dress, service mark, patent, intellectual property and/or other applicable laws and that Users are permitted to access and use Website Content only on a limited basis pursuant to the provisions of the Terms of Use or as specifically authorized in writing by the owner of the relevant content. AFFN reserves and retains full ownership and other intellectual property rights to Website Content created by or belonging to AFFN. Users are not permitted to make, and agree not to make, any claim to ownership or other legal rights to Website Content belonging to AFFN or any third party. Users may not reproduce, copy, publish, distribute or create derivative works based upon protected Website Content without the prior written consent of the legal owner of the relevant Website Content. AFFN and Website will not: (a) act as an intermediary for Users to obtain permission to use Website Content belonging to third parties other than AFFN and its directors or staff, (b) mediate or resolve disputes between Users and third party owners of Website Content, and/or (c) accept responsibility or liability for wrongful use of Website Content by any User.

8. DMCA Compliance. The Terms of Use include and incorporate the Website DMCA Compliance Notice (“DMCA Notice”) as if fully set forth herein.  

9. Privacy Policy. AFFN respects User privacy. AFFN and Website will not disclose, edit or monitor the name or contact information of any User except as reasonably required: (a) by law or to comply with legal process served on AFFN or Website, (b) to comply with the Terms of Use, Disclaimer, Privacy Policy and other Website policies, rules, procedures and practices, (c) to develop, improve, operate, maintain and debug the Website, including without limitation the use of cookies and other forms of non-specific User recognition, or (d) to protect and defend the rights, property and personal safety of AFFN, Website, Users or members of the public.

10. Changes, User Agreement. These Terms of Use, and all other Website policies, are subject to change without notice. AFFN and Website will notify Users of significant changes by posting a notice on the Website. Minor changes will be posted or included in the Terms of Use or relevant Website policy. Users are responsible for monitoring the Terms of Use and other Website policies for changes. Use of the Website indicates the User’s full and complete agreement to each and every one of the Terms of Use, as amended, modified, or restated from time to time, and all other Website policies as if the User had signed a written document agreeing to them.

11. Modification, Termination. AFFN reserves the sole and exclusive right to change, suspend or terminate the Website, any and/or all Website Content and related services at any time and from time to time with or without cause or prior notice. AFFN and Website are not liable to any User or third party for any change to, suspension or termination of the Website, Website Content, or related services. AFFN reserves the right to suspend, delete, block out or eliminate any and all Website Content (including without limitation links to other websites) and/or User Account(s) at any time and for any reason, with or without prior notice. Suspension, deletion, blocking and similar actions may occur with or without cause or prior notice and may be temporary or permanent at the sole discretion of AFFN. AFFN and Website have no responsibility to provide any User with copies of any suspended, deleted, blocked, terminated or eliminated Website Content or account information. Users understand and agree that the right of AFFN to terminate, delete, modify and restrict access to Website Content and/or User accounts, and to terminate the Website and related services at any time, with or without cause or prior notice, is a vital, non-negotiable part of these Terms of Use. AFFN and Website assume no responsibility nor liability for deletion of or failure to store Website Content and/or User accounts and account information.

12. Third Party Content. The Website may feature Website Content, including without limitation hyperlinks, advertisements, and promotions, created by or obtained from third parties not owned or operated by AFFN. EACH USER HEREBY RELEASES AFFN AND WEBSITE STAFF FROM ANY AND ALL LIABILITY RELATING TO CONTACT, COMMUNICATION, CONTRACTS AND OTHER RELATIONSHIPS BETWEEN THE USER AND ADVERTISERS OR OTHER THIRD PARTIES NOT OWNED OR CONTROLLED BY AFFN, INCLUDING WITHOUT LIMITATION LIABILITY FOR OR ARISING OUT OF GOODS, SERVICES, TERMS, CONDITIONS, WARRANTIES AND REPRESENTATIONS MADE BY OR CONNECTED WITH THIRD PARTIES. AFFN and Website assume no responsibility, obligation or liability for contacts, communications, contracts, promotions or relationships between any User and any advertiser(s) or other third party. Users specifically understand and agree that AFFN and Website do not control all Website Content or websites linked from the Website, and that AFFN and Website disclaim all responsibility and liability for or relating to Website Content created, provided, uploaded, linked or posted by third parties not owned and legally controlled by AFFN, as well as the content of any website linked on or from the Website. Users accept full responsibility for accessing links (aka “hyperlinks”) on Website, and accept all foreseeable and non-foreseeable results of accessing websites by using links or hyperlinks.

13. User Conduct. Users hereby agree: (a) to comply with the laws of the United States and the state of California, including without limitation laws governing the transmission of technical data exported from the United States through the Internet and other electronic media, (b) to comply with all posted policies, rules, procedures and practices, including without limitation each and every provision of these Terms of Use, (c) not to disrupt, interfere with, “hack” or access the Website, or any website, network, server, system or computer connected to the Website without the express permission of the system and/or website owner, (d) not to use the Website or the name of the Website or AFFN for or in connection with chain letters, junk mail or spamming, (e) not to use or assist others in using Website Content, including without limitation Audiovisual Materials, in any manner which would violate the laws of the United States, other applicable laws, or these Terms of Use, (f) not to create, provide, upload, link, post or transmit any information on, to or through the Website, and not to use Website Content, in any manner which encourages or incites conduct which gives rise to actual or potential criminal or civil liability or violates applicable law, and (g) not to intentionally interfere with the operation of the Website or the use and enjoyment of the Website by other Users. AFFN and Website reserve the right to take legal action against any User who breaches or fails to conform to the Terms of Use.

14. Suggestions. AFFN and Website do not accept or consider unsolicited ideas, suggestions or proposals relating to the operations, organization, publications or other property of AFFN and the Website (collectively “Ideas”). Users understand and agree that: (a) Ideas sent to AFFN or Website will be considered non-proprietary, non-confidential and fully released for use by AFFN and the Website free of charges or fees, (b) AFFN and Website have no obligation or liability to any User or any third party relating to or arising out of the use, nonuse, disclosure, publication or receipt of any Idea, and (c) AFFN and Website may use Ideas for any purpose, including without limitation commercial uses, free of charge and without liability, restriction or compensation to the submitting User.

15. Acceptance of Risk, Indemnity. Users download, obtain, or access Website Content at the relevant User’s sole discretion, risk, and responsibility. Users accept sole responsibility and liability for any damage to computers, hardware, operating systems, software, networks, servers and Internet service, including without limitation destruction, loss or corruption of data files, resulting from using, downloading or accessing the Website, Website Content, and/or third party websites linked to or from the Website. Users agree to indemnify AFFN and Website against any and all claims, losses, liabilities, damages, demands, suits, causes of action, judgments, costs and expenses, including without limitation court costs and attorneys’ fees, resulting from or arising out of any breach of these Terms of Use by the indemnifying User. Users understand that use of the Website and related or linked websites and services may result in exposure to Website Content or information with which Users may not agree, and hereby covenant and agree to hold AFFN and Website harmless from and against any claim, loss, damage or other effect resulting from User’s exposure to information which the relevant User finds objectionable or offensive or with which the User does not agree.

16. DISCLAIMER OF WARRANTIES. USERS AGREE TO USE THE WEBSITE AT EACH USER’S SOLE RISK AND RESPONSIBILITY. ACCESS TO THE WEBSITE AND RELATED SERVICES IS PROVIDED ON AN “AS-IS,” “AS-AVAILABLE” BASIS WITH NO EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. AFFN AND WEBSITE STAFF SPECIFICALLY DISCLAIM ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES TO THE EXTENT PERMITTED BY APPLICABLE LAW AND MAKE NO WARRANTY OR REPRESENTATION THAT WEBSITE, AND RELATED SERVICES: (A) WILL MEET THE NEEDS OR REQUIREMENTS OF USER OR WILL BE COMPATIBLE WITH ANY HARDWARE, SERVER, SYSTEM, NETWORK, OPERATING SYSTEM, SOFTWARE, INTERNET SERVICE PROVIDER OR OTHER TECHNICAL SPECIFICATIONS, (B) WILL BE AVAILABLE, RELIABLE, UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, (C) WILL PROVIDE OR ENABLE USERS TO ACHIEVE A GIVEN OR DESIRED RESULT, OR (D) WILL BE REPAIRED, UPGRADED, DEBUGGED OR FUNCTION WITHOUT ERROR, MISTAKE OR OMISSION. AFFN AND WEBSITE STAFF MAKE NO WARRANTY AND ACCEPT NO RESPONSIBILITY OR LIABILITY FOR MATERIAL, INFORMATION, ADVICE, GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH WEBSITE OR RESULTING FROM OR ARISING OUT OF WEBSITE CONTENT. THIS DISCLAIMER OF WARRANTIES MAY BE AMENDED OR MODIFIED ONLY BY A WRITTEN INSTRUMENT SIGNED BY AN AUTHORIZED REPRESENTATIVE OF AFFN WHICH SPECIFICALLY STATES THAT IT MODIFIES THESE TERMS OF USE AND MAY NOT BE ALTERED, MODIFIED OR ELIMINATED IN ANY OTHER MANNER, INCLUDING WITHOUT LIMITATION ADVICE, INFORMATION OR TECHNICAL SUPPORT GIVEN OR RECEIVED FROM WEBSITE. EXCLUSIONS, LIMITATIONS AND DISCLAIMERS CONTAINED IN THIS DISCLAIMER OF WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW. THE RIGHTS OF INDIVIDUAL USERS MAY VARY BY JURISDICTION.

17. LIMITATION OF LIABILITY. AFFN AND WEBSITE STAFF DISCLAIM ANY AND ALL RESPONSIBILITY AND LIABILITY FOR THE ACCURACY, INACCURACY, LEGALITY, RELIABILITY, OPERABILITY, FUNCTIONALITY, AVAILABILITY AND CONTENT OF ANY AND ALL WEBSITE CONTENT. AFFN AND WEBSITE DISCLAIM ANY AND ALL RESPONSIBILITY AND LIABILITY FOR DAMAGES ARISING OUT OF, RESULTING FROM OR RELATING TO USERS OR ANY THIRD PARTY CREATING, PUBLISHING, DISPLAYING, UPLOADING, DOWNLOADING, DISTRIBUTING, ACCESSING OR USING WEBSITE CONTENT. AFFN AND WEBSITE STAFF DISCLAIM ANY AND ALL RESPONSIBILITY AND LIABILITY FOR ERRORS, OMISSIONS, SUSPENSION, DELETION, MISDELIVERY OR UNAVAILABILITY OF WEBSITE AND WEBSITE CONTENT. AFFN AND WEBSITE WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ACTUAL, DIRECT, INDIRECT, INCIDENTAL, SPECIAL AND CONSEQUENTIAL DAMAGES, CAUSED BY, RESULTING FROM OR ARISING OUT OF: (A) USE, MISUSE OR  LACK OF USE OF WEBSITE OR WEBSITE CONTENT, (B) MATERIAL, INFORMATION, ADVICE, GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH OR AS A RESULT OF WEBSITE CONTENT, (C) MESSAGES SENT, RECEIVED, INTERRUPTED OR DELETED, TRANSACTIONS ENTERED INTO AND ANY OTHER ACTION TAKEN OR NOT TAKEN AS A RESULT OF AUTHORIZED OR UNAUTHORIZED ACCESS TO THE WEBSITE, (D) WEBSITE CONTENT CREATED, PROVIDED , UPLOADED, DOWNLOADED, LINKED OR POSTED BY USERS OR THIRD PARTIES, OR (E) ANY OTHER CAUSE, EFFECT, ACTION, CONSEQUENCE OR DAMAGE NOT DIRECTLY CAUSED  BY OR RESULTING FROM THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF AFFN OR WEBSITE. EXCLUSIONS AND DISCLAIMERS CONTAINED IN THIS LIMITATION OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW. THE RIGHTS OF USERS MAY VARY BY JURISDICTION.

18. No Other Agreements. These Terms of Use represent the only, final, complete and exclusive understanding between Users, AFFN and Website and supersede any prior or contemporaneous oral or written agreements. Users have no relationship, agreement or rights relating to AFFN, the Website and Website Content except as expressly stated in the Terms of Use or other posted Website policies. The Terms of Use may only be modified by a written instrument approved in writing or executed by an authorized representative of AFFN which specifically states that it modifies the Terms of Use. Modifications of these Terms of Use posted on the Website are effective when posted and are, by definition, authorized modifications approved in writing by AFFN.

19. Construction, Jurisdiction, Venue. The Terms of Use were written in and will be construed and enforced in accordance with the laws of the State of California. User’s acceptance of the Terms of Use is taking place within the State of California. Users agree to submit to the personal jurisdiction of the Federal or state courts located in Sacramento, California, for purposes of any legal action commenced under or arising out of the Terms of Use, other Website policies, the Website or use of the Website.

20. Other Terms. Nothing contained in the Terms of Use will be interpreted to require the commission of an illegal act or a violation of applicable law. If any conflict arises between the Terms of Use and any other Website policy and/or applicable law the law will prevail, the relevant provisions of the Terms of Use or Website policy will be deleted, modified or limited to the limited extent necessary to comply with the law and all other provisions of the Terms of Use and/or policy will remain in full force and effect. Notices required by law or these Terms of Use must be made in writing. AFFN and Website may provide valid, effective notice to Users by posting or broadcasting notices on the Website or related websites owned and operated by AFFN. Notices posted on the Website are deemed given when posted. Failure to enforce any provision of the Terms of Use or any Website policy does not and will not constitute a waiver of the right to enforce the same or any other provision or policy against the same or any other User in any subsequent situation.

21. Acceptance by User. Using the Website constitutes the relevant User’s full and complete agreement to each and every one of the Terms of Use and all other posted Website policies, as initially posted and as modified from time to time, as if User had signed a written document agreeing to them.