Terms of Use
 
Printer-friendly version

Engage magazine and the General Board of the Church of the Nazarene Terms of Use:

This Terms of Use may be updated from time to time without notice to you. Here are some issues we would like you to be aware of before using Engage magazine and The General Board of the Church of the Nazarene Web site, the services offered by Engage magazine and The General Board of the Church of the Nazarene or through Engage magazine and The General Board of the Church of the Nazarene Web site, and any parts or sections thereof including but not limited to www.engagemagazine.com Web content, message boards, member profile information, member-personalized databases and information, folders, posts, messages, photos, blogs, and graphics (hereinafter referred to as "our Area(s)", "Area(s) of Engage magazine and The General Board of the Church of the Nazarene," "Engage magazine and The General Board of the Church of the Nazarene Area(s)" or "Area(s)").

You understand and agree that our area is provided "AS-IS" and that Engage magazine and The General Board of the Church of the Nazarene assumes no responsibility for your ability to (or any costs or fees associated with your ability to) obtain access to our Area. Nor does Engage magazine and The General Board of the Church of the Nazarene assume any liability for the failure to store or maintain any user communications or personal settings.

1. In consideration of your visiting and using our Area, you represent that you are able to form a binding contract. You also agree that any information you provide about yourself is accurate and complete information at the time provided. You agree to timely update any information provided to Engage magazine and The General Board of the Church of the Nazarene to keep it accurate and complete. Failure to accurately and completely provide, and timely update, information about yourself is reasonable grounds for Engage magazine and The General Board of the Church of the Nazarene to suspend or terminate your account and refuse you service in the future.

Engage magazine and The General Board of the Church of the Nazarene is concerned about the safety and privacy of all member users including youth and children. Please remember that Engage magazine and The General Board of the Church of the Nazarene Area is designed to inform, educate, and serve Nazarenes, Nazarene churches, districts, fields and regions, and as a result has a diverse audience. Accordingly, it is the responsibility of parents or legal guardians to determine whether any parts of our Area are appropriate for your child.

In addition to this Terms of Use, when using a particular Area of Engage magazine, you are also bound by the posted guidelines and rules for that particular Area.

2. Information and data provided by you are subject to our Privacy Policy. This policy, as updated from time to time, may be found at the bottom of this page.

3. Certain names, logos, and/or phrases in our Area may constitute trademarks and/or copyrights of Engage magazine and the The General Board of the Church of the Nazarene or its clients. The mark "Engage magazine" and "The General Board of the Church of the Nazarene" and the contents of this Web site Area are the sole property of The General Board of the Church of the Nazarene. Reproduction in whole or in part is welcome, with credit being given to Engage magazine.

All the writing in our Area is the copyrighted property of Engage magazine and The General Board of the Church of the Nazarene, and is protected as such. Any material may be reproduced without our written permission, unless otherwise indicated, as long as you credit the magazine as the source of the material.

Engage magazine and The General Board of the Church of the Nazarene reserves the right to republish any material contributed by our readers. By posting a comment, story, article, photo, caption, or any other content, a subscriber expressly grants the right to Engage magazine and The General Board of the Church of the Nazarene to republish or sell the message in another newsletter, Web site, blog, book, flyer or brochure, magazine, or as part of any edited compilation, including but not limited to International Mission Education Journal, Mission Connection, and products distributed through Nazarene Publishing House.

Material that is copyright protected may not be submitted Engage magazine without permission from the copyright owner. Since there are many thousands of possible sources spread out across the Internet, it is impossible for us at Engage magazine and The General Board of the Church of the Nazarene to know if a posting represents a copyright infringement.

Please remember you are responsible for the material you submit to Engage magazine and The General Board of the Church of the Nazarene, including taste, accuracy, reliability, originality, and copyright. Author(s) may be held legally responsible for copyright infringement, defamation, or invasion of privacy, as well as any damages arising out of actions resulting from materials submitted by you and posted by Engage magazine and The General Board of the Church of the Nazarene. You are responsible for ensuring that your message or posting does not violate any extant copyrights.

If you believe that your copyrighted material has been posted to Engage magazine and The General Board of the Church of the Nazarene without permission, please provide Engage magazine with the following information:

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrights works at a single online site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and if available, an e-mail address at which you may be contacted;
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Engage magazine and The General Board of the Church of the Nazarene will have a nonexclusive global license to publish the content submitted by users and contributors within Engage magazine and The General Board of the Church of the Nazarene. Engage magazine and The General Board of the Church of the Nazarene will also have global nonexclusive adaptation and resale rights over any content and material submitted by users and contributors within Engage magazine and The General Board of the Church of the Nazarene's World Wide Web sites.

These nonexclusive publishing license and resale/adaptation rights extend to any materials submitted "for publication" within Engage magazine and The General Board of the Church of the Nazarene, including both content postings and content submitted to Engage magazine and The General Board of the Church of the Nazarene for uploading and subsequent publishing within non-message board Areas.

Engage magazine and The General Board of the Church of the Nazarene and Engage magazine and The General Board of the Church of the Nazarene's staff are not and will not be responsible for any misleading, false, or otherwise injurious information and advice communicated in our Area or for any results obtained from the use of such information or advice. Engage magazine and The General Board of the Church of the Nazarene will not be liable for any loss or damage suffered by a user through the user's reliance on information and adviced gained in this Area.

4. Given the interactive nature of the Web site, both the salaried staff of Engage magazine and The General Board of the Church of the Nazarene and our users will generate content in the Web site. We can control our salaried staff members' contributions; however, we are not able to edit and ensure the accuracy of all the content generated by our users, a few of whom may create anonymous or false screen names and with whom we have no official relationship.

Therefore, users of Engage magazine should handle the information generated by fellow users with common sense caution. There's a lot of great advice and exciting, inspiring stories on Engage magazine, but users should consider any information and advice given by other users as a starting point for their own research. Engage magazine and The General Board of the Church of the Nazarene cannot guarantee the accuracy, efficacy, or veracity of any information provided within Engage magazine and The General Board of the Church of the Nazarene's Web sites.

5. Online behavior requires common sense and basic etiquette. Accordingly, here are some rules that you agree to follow:

No strong, vulgar, obscene, or other harmful language.
No racially, ethnically or otherwise, objectionable language.
No harrassing, intimidating, stalking, or threatening other community members.
No libelous, defamatory or otherwise tortuous language.
No online vandalism. This includes using abusive language, or otherwise acting in a manner that negatively impacts the ability to engage in respectful exchanges.
No impersonating any person, including, but not limited to, other community members or employees of The General Board of the Church of the Nazarene.
No posting, distributing, transmitting, or promoting illegal content.
No invasion of another's privacy.
No actions that are harmful to minors.
No manipulation or forging of identifiers in order to disguise the origin of any information posted on the Engage magazine Web site or otherwise provided to Engage magazine or its employees.
No posting, providing, transmitting, or otherwise making available any information (such as inside, proprietary or confidential information) that you do not have a right to make available due to contract, fiduciary duty, or operation of law.
No posting, providing, transmitting, or otherwise making available any junk mail or spam.
No posting, uploading, e-mailing, or otherwise transmitting any material that contains any malicious computer code (including spyware, worms, Trojan horses, viruses, etc.).
No collecting, storing, or posting of personal data about or of other community members.
No soliciting of any kind on the Engage magazine Web site.

6. Content from www.engagemagazine.com, including but not limited to any member profile information such as member names, e-mail addresses, member contact information, or member-personalized information, may not be taken from the Web site and used for any purpose. Names, e-mail addresses and other contact information from member profile information or the pages and postings on this site may not be used by outside vendors or other third parties for purposes of solicitation. Unsolicited e-mails to our members may constitute misrepresentation, misappropriation of Engage magazine and The General Board of the Church of the Nazarene's business name and reputation, unfair competition, and may also violate laws that prohibit unsolicited e-mail, for which Engage magazine and The General Board of the Church of the Nazarene shall be entitled to take appropriate legal action including seeking injunctive relief, an accounting of profits, damages, legal fees, and costs. Notwithstanding the foregoing, Engage magazine readers and members may link to this Web site.

7. People change, and Engage magazine and The General Board of the Church of the Nazarene does, too. Engage magazine and The General Board of the Church of the Nazarene reserves the right from time to time to make modifications and changes to our Area. These modifications and changes may include, but are not limited to, discontinuing, temporarily or permanently, any service offered by, or through, Engage magazine and The General Board of the Church of the Nazarene (or any part thereof) with or without notice. You agree that Engage magazine and The General Board of the Church of the Nazarene shall not be liable to you or to any other party for any changes and modifications to our Area.

8. While we hope we stay together forever, you agree that, under certain circumstances and without prior notice, Engage magazine and The General Board of the Church of the Nazarene may terminate your access to Engage magazine and The General Board of the Church of the Nazarene, including purging your member account and any material and information associated with your member account (including your user name, password, contact information, published content and profile). Cause for such termination shall include, but not be limited to, violation of the provisions set forth in section 5 of this Terms of Use agreement. You acknowledge and agree that all terminations for cause shall be made in sole discretion of Engage magazine and The General Board of the Church of the Nazarene and that Engage magazine and The General Board of the Church of the Nazarene shall not be liable to you or any other party for the termination of your access to our Area or the purging of any material.

9. YOUR USE OF OUR AREA IS AT YOUR SOLE RISK. THE SERVICES PROVIDED IN OUR AREA ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Engage magazine and The General Board of the Church of the Nazarene EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Engage magazine and The General Board of the Church of the Nazarene MAKES NO WARRANTY THAT: (i) THE SERVICE WILL MEET ANY OF YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE TIMELY, SECURE, UNINTERRUPTED, OR FREE FROM ERROR OR OMISSION, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF ANY SERVICE IN OUR AREA WILL BE USEFUL, ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES OFFERED IN OUR AREA WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE OPERATION OF AREA INCLUDING OPERATION OF ANY SOFTWARE WILL BE CORRECTED.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF ANY SERVICE IN OUR AREA IS DONE AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM (OR ANY COMPONENT CONNECTED TO YOUR COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD (INTENTIONAL OR OTHERWISE) OF ANY SUCH MATERIAL.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Engage magazine and The General Board of the Church of the Nazarene OR FROM ANY SERVICE PROVIDED IN OUR AREA SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.

10. YOU EXPRESSLY UNDERSTAND AND AGREE THAT Engage magazine and The General Board of the Church of the Nazarene SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES, DIRECT, INDIRECT, INCIDENTAL, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL AND REPUTATION, OR OTHER INTANGIBLE LOSSES. THIS LIMITATION ON LIABILITY APPLIES EVEN IF Engage magazine and The General Board of the Church of the Nazarene HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

11. You agree that Engage magazine and The General Board of the Church of the Nazarene may access, maintain, and disclose information you provide to Engage magazine and The General Board of the Church of the Nazarene if required to do so by law or if Engage magazine and The General Board of the Church of the Nazarene, in good faith, believes that such access, maintenance or disclosure is reasonably necessary to: (i) comply with any legal process; (ii) enforce Engage magazine and The General Board of the Church of the Nazarene's Terms of Use: (iii) respond to claims that any material or information posted, provided, transmitted, or otherwise made available by you violates the rights of third parties; (iv) respond to your customer service requests; or (v) otherwise protect the rights and property of the Engage magazine and The General Board of the Church of the Nazarene, its vendors, community members, users and the general public.

You agree to indemnify and hold harmless Engage magazine and The General Board of the Church of the Nazarene, its subsidiaries, affiliates, directors, officers, agents, vendors or other partners, and employees, from any claim or demand, including attorney's fees, made by any third party due to or arising out of any material or information posted, provided, transmitted, or otherwise made available by you in our Area, or by your use of our Area, or by your violation of Engage magazine and The General Board of the Church of the Nazarene's Terms of Use, or your violation of the rights of another.

The Terms of Use constitute the entire agreement between you and Engage magazine and The General Board of the Church of the Nazarene and govern your use of our Area and any services offered in our Area. This agreement supersedes any prior terms of use agreements between you and Engage magazine and The General Board of the Church of the Nazarene agree to submit to the personal exclusive jurisdiction of the courts located within the county of Johnson, Kansas.

You agree that, except as otherwise expressly provided in this Terms of Use, there shall be no third party beneficiaries to this agreement.

The failure of Engage magazine and The General Board of the Church of the Nazarene to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the other terms and provisions of the Terms of Use shall remain in full force and effect.

You agree that your Engage magazine member account is non-transferable and any rights to your account or contents within your account terminate upon your death.

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of any services provided in our Area or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.

The section titles and other headings in the Terms of Use are for convenience only and have no legal or contractual effect.

The End