Epiclesis, An Ancient-Future Faith Community
Website Terms of Use
Welcome to the official website (“Website”) of Epiclesis, an Ancient-Future Faith Community (“Epiclesis”). We welcome you to our Website and invite you to learn 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 and use content from our website (“Website Content”). Any person or organization accessing or using the Epiclesis 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 these Terms of Use, as well as the Epiclesis 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 Epiclesis and made accessible to Users pursuant to these Terms of Use and other policies, practices, and procedures established and posted by Epiclesis and Website from time to time, and as modified, with or without notice to Users. Users are 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, other content, and links to external websites not owned or controlled by Epiclesis (collectively, “Website Content”). Epiclesis makes no warranties or representations as to the accuracy, safety or value of Website Content created or owned by third parties, or for content of third-party websites linked to or from the 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. Service. The Website provides Users with access to Website Content. Users must obtain, provide, and maintain Internet access and required, related equipment. Epiclesis accepts no responsibility or liability for any User’s ability or inability to access the Website or take advantage of Website Content.
3. Limited Use License. Portions of the Website may enable or permit Users to access, download, read and/or listen to Website Content offered and provided by or on behalf of Epiclesis and available in MP3, .pdf, or other viewable, downloadable and/or streaming formats (“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 Epiclesis and/or relevant third party copyright holders. Epiclesis 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 the 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 Epiclesis or the third party owners thereof. Audiovisual Materials may not be used or reproduced for any purposes without a separate license and permission from Epiclesis and/or the copyright holder(s). Epiclesis does not facilitate or arrange use licenses for third party Website Content.
4. Personal Use Only. The Epiclesis Website, Website Content, and related services are made available to Users for personal, non-commercial use only. Users may not: (a) copy, reproduce, edit, alter, overwrite, block, reproduce, or delete Website Content, (b) alter the Website’s appearance or functionality, or (c) use the Website or Website Content to advertise or sell a product or service without the advance written consent of Epiclesis, which may be withheld, conditioned, or denied at Epiclesis’ sole discretion. Epiclesis reserves the sole, exclusive, 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.
5. User Accounts. Epiclesis may provide Users with the opportunity to register for an account (“Account”) with the Website, and may allow Users with Accounts to access additional Website Content not available to Users without an Account. Accounts may or may not be available free of charge. Account fees and benefits (if any) are subject to change from time to time, with or without notice. The Website will contain notices describing relevant Account fees, terms, conditions, and requirements. Only Users who register for an Account, pay any applicable fees, and abide by all applicable rules, policies, and procedures may access Website Content and privileges restricted to or provided for Account holders only.
6. Account 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 responsible for all activities occurring under or arising out of Accounts registered to, for, or by the relevant User. Each User will notify Epiclesis immediately of 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 close existing Accounts and set up new Accounts at will, provided that a User may not close and/or open Accounts for any reason or purpose which would: (a) violate or circumvent the Terms of Use or any policy, rule, procedure or practice of the Website, Epiclesis, or applicable law, (b) commit or constitute an illegal act or misrepresentation of the User’s identity, and/or (c) re-establish an account by or on behalf of any individual or entity whose privileges are or have been suspended or terminated by Epiclesis for any reason.
7. Protected Content. Website Content is protected by copyright, trademark, and/or other applicable laws. Users may access Website Content only on a limited basis pursuant to these Terms of Use. Epiclesis reserves and retains full ownership and other intellectual property rights to Website Content created by or belonging to Epiclesis. Users are not permitted to make, and will not make, any claim to ownership or other legal rights to Website Content belonging to Epiclesis or any third party. Epiclesis will not: (a) act as an intermediary for Users to obtain permission to use third party Website Content, (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 DMCA Compliance Notice (“DMCA Notice”) as if fully set forth herein.
9. Privacy Policy. Epiclesis respects User privacy. Epiclesis 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 Epiclesis, (b) to comply with the Terms of Use, Disclaimer, Privacy Policy and other Website policies, practices, and procedures, (c) to develop, improve, operate, maintain and debug the Website, including without limitation use of cookies and non-specific User recognition, or (d) to protect and defend the rights, property and personal safety of Epiclesis, the Website, Users or members of the public.
10. Modification, Termination. These Terms of Use, and all Website policies, are subject to change without notice. Epiclesis will notify Users of significant changes by posting a notice on the Website. Minor changes will be posted 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 the Terms of Use and other Website policies, as enacted and as amended, modified, or restated from time to time, as if the User had signed a written document agreeing to them. Epiclesis reserves the sole, exclusive right to change, suspend or terminate the Website, Website Content, and related services at any time and from time to time with or without cause or notice. Epiclesis is not liable to any User or third party for any change to, suspension or termination of the Website, Website Content, or related services. Epiclesis reserves the right to suspend, delete, block out or eliminate Website Content (including without limitation links) and/or User Accounts at any time and for any reason, with or without notice. Suspension, deletion, blocking and similar actions may be temporary or permanent at the sole discretion of Epiclesis. Epiclesis and Website have no responsibility to provide Users with copies of suspended, deleted, blocked, terminated or eliminated Website Content or other information. These rights 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, are vital, non-negotiable parts of these Terms of Use. Epiclesis assumes no responsibility or liability for deletion of or failure to store Website Content and/or User Accounts and account information.
11. Third Party Content. EACH USER HEREBY RELEASES EPICLESIS 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 EPICLESIS, INCLUDING WITHOUT LIMITATION LIABILITY FOR OR ARISING OUT OF WEBSITE LINKS, GOODS, SERVICES, TERMS, CONDITIONS, WARRANTIES AND REPRESENTATIONS MADE BY OR CONNECTED WITH THIRD PARTIES. Users understand and agree that Epiclesis does not control all Website Content or any websites linked to or from from this Website, and that Epiclesis and Website disclaim all responsibility and liability for or relating to Website Content or other content created, provided, linked, or posted by third parties. Users accept responsibility for accessing links, and accept all foreseeable and non-foreseeable results of using links or hyperlinks.
12. 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, procedures, and practices, including without limitation these Terms of Use, (c) not to disrupt, interfere with, “hack” or access the Website, (d) not to use the Website or Epiclesis’s name for or in connection with chain letters, junk mail or spamming, (e) not to use or assist others in using Website Content in any manner which violates 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 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. Epiclesis reserves the right to take legal action against any User who breaches or fails to conform to the Terms of Use.
13. Suggestions. Epiclesis does not accept or consider unsolicited ideas, suggestions or proposals relating to the operations, organization, publications, activities, or property of Epiclesis and the Website (collectively “Ideas”). Users understand that: (a) Ideas sent to Epiclesis or Website will be considered non-proprietary, non-confidential and fully released for use by Epiclesis and the Website free of fees, charges, or other compensation, (b) Epiclesis 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) Epiclesis 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.
14. Acceptance of Risk, Indemnity. Users download, obtain, and access Website Content at the User’s sole discretion, risk, and responsibility. Users accept sole responsibility and liability for damage to property, including without limitation computers, operating systems, software, networks, servers, Internet service, and data files, resulting from using, accessing, streaming or downloading content from the Website. Users will indemnify Epiclesis from and 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 the User’s conduct, persons using the User’s account, and any breach of these Terms of Use by the indemnifying User or persons using the User’s account or computer(s). 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. Users covenant and agree to hold Epiclesis and Website harmless from and against any claim, loss, damage or other effect resulting from exposure to information which the User finds objectionable, offensive or with which the User disagrees.
15. 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. EPICLESIS SPECIFICALLY DISCLAIMS 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. Epiclesis 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 EPICLESIS 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.
16. LIMITATION OF LIABILITY. EPICLESIS 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. EPICLESIS DISCLAIMS 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. EPICLESIS AND WEBSITE STAFF DISCLAIM ANY AND ALL RESPONSIBILITY AND LIABILITY FOR ERRORS, OMISSIONS, SUSPENSION, DELETION, MISDELIVERY OR UNAVAILABILITY OF WEBSITE AND WEBSITE CONTENT. EPICLESIS 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 EPICLESIS. 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.
17. No Other Agreements. These Terms of Use represent the only, final, complete and exclusive understanding between Users and Epiclesis and supersede any prior or contemporaneous oral or written agreements. Users have no relationship, agreement or rights relating to Epiclesis, 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 Epiclesis 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 Epiclesis.
18. 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.
19. 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. Epiclesis and Website may provide valid, effective notice to Users by posting or broadcasting notices on the Website or related websites owned and operated by Epiclesis. 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.
20. 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.