Terms of Use

Welcome

Welcome to http://e-sword-users.org (together with all other websites operated by e-Sword-Users, its affiliates and subsidiaries, the "Site", "Sites" or "Service"). Please read the following Terms of Use ("Terms") carefully before using this Site so that You ("You", "Your" or "Yours") are aware of Your legal rights and obligations with respect to e-Sword-Users, its affiliates and subsidiaries (individually and collectively, "e-Sword Users", "We", "Us" or "Our").

1. Your Acceptance

By using or visiting this Site (together with all Content (as defined below)) You signify Your assent to (1) these Terms, (2) the e-Sword Users' Privacy Policy located at http://e-sword-users.org/users/node/5, (3) the e-Sword Users' Copyright Policy located at http://e-sword-users.org/users/node/8.

These Terms apply to all Users of the Site. If You do not agree to these Terms, the Privacy Policy or the Copyright Policy of the Site, then please DO NOT use the Site.

2. Ability to Accept these Terms

You affirm that You are either more than 18 years of age or possess legal parental or guardian consent to enter into these Terms, and to comply with these Terms. In any case, You affirm that You are over the age of 13, as the Site is not intended for children under 13 years of age. If You are under 13 years of age, then please DO NOT use the Site-there are lots of other great websites for You. Talk to Your parent(s) or legal guardian(s) about what websites are appropriate for You.

3. Website Access

e-Sword Users hereby grants You permission to use the Site, provided that: (i) Your use of the Site is solely for Your personal use; (ii) You will not copy, distribute or modify any part of the Site without e-Sword Users' prior written authorization; (iii) You will not send unsolicited or unauthorized advertisements, spam, chain letters, etc., (iv) You will not transmit any content which contains software viruses, or other harmful computer code, files or programs; (v) You will not disrupt servers or networks connected to the Site; and (vi) You comply with these Terms. 

You agree not to use or launch any automated system, including without limitation, "robots," "spiders," and "offline readers," that accesses the Site in a manner that sends more request messages to the e-Sword Users servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line Web browser. e-Sword Users reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names or email addresses, from the Site, nor to use the communication systems provided by the Site for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any Users of the Site with respect to their User Submissions (as defined below).

4. Limitation of Liability and Warranty

EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN A WRITTEN AGREEMENT BETWEEN YOU AND E-SWORD USERS, THE CONTENT AND SERVICES (AS SUCH TERMS DEFINED BELOW) ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND INCLUDING WARRANTY OF NON-INFRINGEMENT. WHILE WE MAKE EVERY REASONABLE EFFORT TO ENSURE THAT THE SERVICE AND THE CONTENT WILL FUNCTION AS CLAIMED, E-SWORD USERS DOES NOT GUARANTEE THAT THE SITE, SERVICE OR THE CONTENT WILL PROVIDE UNINTERRUPTED, BE FREE OF BUGS, SECURITY BREACHES, VIRUS ATTACKS AND THE LIKE, OR THAT THEY WILL ALWAYS BE AVAILABLE. THE SERVICE WILL OCCASIONALLY BE UNAVAILABLE FOR ROUTINE MAINTENANCE, UPGRADING, OR OTHER REASONS. YOU ARE SOLELY RESPONSIBLE FOR KEEPING BACKUPS OF ANY USER SUBMISSION YOU UPLOAD ON E-SWORD USERS' FOLDERS. IN ADDITION, YOU AGREE THAT E-SWORD USERS WILL NOT BE HELD RESPONSIBLE FOR ANY CONSEQUENCES TO ITS USERS THAT MAY RESULT FROM TECHNICAL PROBLEMS OF THE INTERNET, SLOW CONNECTIONS, TRAFFIC CONGESTION OR OVERLOAD OF OUR OR OTHER SERVERS, ETC.

YOU SPECIFICALLY ACKNOWLEDGE THAT E-SWORD USERS SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

E-SWORD USERS DOES NOT WARRANT, ENDORSE OR GUARANTEE ANY CONTENT, PRODUCT, OR SERVICE THAT APPEARS IN ITS USERS' SUBMISSION OR THAT IS FEATURED OR ADVERTISED ON THE E-SWORD USERS SERVICE.

YOU ARE SOLELY RESPONSIVE FOR YOUR INTERACTION WITH OTHER E-SWORD USERS USERS. IF YOU HAVE A DISPUTE WITH ANY OTHER USER OF THE SITE'S SERVICE, YOU AGREE THAT E-SWORD USERS IS NOT LIABLE FOR ANY CLAIMS OR DAMAGES ARISING OUT OF OR CONNECTED WITH SUCH A DISPUTE. E-SWORD USERS RESERVES THE RIGHT, BUT HAS NO OBLIGATION, TO MONITOR ANY SUCH DISPUTE BETWEEN TWO OR MORE USERS, ARISING OUT OF THEIR USE OF THE SITE'S SERVICES. 

E-SWORD USERS ALLOWS USERS TO OFFER, SELL, AND BUY ITEMS, AT ANYTIME, FROM ANYWHERE, AT PRICES SET ONLY BY THE SELLERS. E-SWORD USERS IS NOT INVOLVED IN THE ACTUAL TRANSACTION BETWEEN BUYERS AND SELLERS. E-SWORD USERS HAS NO CONTROL OVER AND DOES NOT GUARANTEE THE QUALITY, SAFETY OR LEGALITY OF ITEMS ADVERTISED, THE TRUTH OR ACCURACY OF LISTINGS, THE ABILITY OF SELLERS TO SELL ITEMS, THE ABILITY OF BUYERS TO PAY FOR ITEMS, OR THAT A BUYER OR SELLER WILL ACTUALLY COMPLETE A TRANSACTION.

UNDER NO CIRCUMSTANCES SHALL E-SWORD USERS, ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS BE LIABLE FOR ANY LOSS OF MONEY, GOODWILL, REPUTATION, SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE CONTENT, SERVICE OR THE SITE EVEN IF E-SWORD USERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL E-SWORD USERS' TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, DUE TO NEGLIGENCE OR OTHERWISE) EXCEED THE LESSER OF $100 OR THE TOTAL FEES YOU PAID TO E-SWORD USERS IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

5. Code of Conduct

A.    The Site may permit the submission of Content by You and other Users ("User Submissions") and the hosting, sharing and publishing of such User Submissions. You understand that, whether or not such User Submissions are published, You alone are legally responsible for Your User Submission.

B.     You agree that You will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless You are the owner of such rights or have permission from their rightful owner to post the User Submission and to grant e-Sword Users all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage e-Sword Users or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, contains worms or viruses or any code of a destructive nature, violate any law, or is otherwise objectionable as reasonably determined by e-Sword Users; or (iv) impersonate another person. e-Sword Users does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and e-Sword Users expressly disclaims any and all liability in connection with User Submissions.

C.    You understand that when using the Site, You will be exposed to User Submissions from a variety of sources, and that e-Sword Users is not responsible for the accuracy, Usefulness, safety, or intellectual property rights of or relating to such User Submissions. You may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and You agree to waive, and hereby do waive, any legal or equitable rights or remedies You may have against e-Sword Users with respect thereto, and agree to indemnify and hold e-Sword Users, its owners, affiliates, employees, agents and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to Your use of the Site.

D.    You agree that You will use the Service in compliance with all applicable local, state, national, and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from Your country of residence. You agree that You will not prevent others from using the Service or use the Service for any fraudulent or inappropriate purpose: this includes but is not limited to modifying, adapting or hacking the Site or creating, adapting or modifying another Website so as to falsely imply that it has any connection with the Site.

Failure to comply with any of the foregoing stipulations may result in immediate termination of these Terms, and may subject You to state and federal penalties and other legal consequences.

e-Sword Users reserves the right, but shall have no obligation, to investigate Your use of the Service in order to determine whether a violation of these Term has occurred or to comply with any applicable law, regulation, legal process, or governmental request.

6. Security

In order to obtain some services of the Site (including the marketplace services in which You can sell or buy products, saving a Social DNA questionnaire, or uploading User Submission on the Site) ("Services"), You may need to create an account. You may never use another person's account without his permission. When creating Your account, You MUST provide accurate and complete information. You are solely responsible for keeping Your account password secure, and You are solely responsible for any activity that occurs under Your User name. You MUST notify e-Sword Users immediately of any breach of security or unauthorized use of Your account. You will be liable for any use made of Your account or password and the losses of e-Sword Users or others due to such unauthorized use. e-Sword Users will not be liable for Your losses caused by any unauthorized use of Your account.

7. Links 

The Site may contain links to third party websites that are not owned or controlled by e-Sword Users. e-Sword Users is not affiliated with those websites, has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, e-Sword Users will not and cannot censor or edit the content of any third-party site. By Using the Site, You expressly release e-Sword Users from any and all liability arising from Your use of any third-party website. Accordingly, We encourage You to be aware when You have left the Site and to read the terms and conditions and Privacy Policy of each of the other websites that You may visit.

8. Copyright

You MUST either own or have a license to use any copyrighted material that You upload or post to the e-Sword Users Service. You MUST have written permission to use the name or picture of any person mentioned in the User Submission You upload to the Site.

You are solely responsible for complying with copyright laws. You may want to take a look at the United States Copyright Office Website for information about copyright compliance in the United States: http://www.copyright.gov/circs/circ1.html.

You retain ownership of all rights in Your User Submission. However, by submitting the User Submissions to e-Sword Users on publicly accessible areas You hereby grant e-Sword Users the following worldwide, non-exclusive, royalty-free license(s) as applicable:

  • With respect to e-Sword resources, photos, graphics, audio or video You submit or make available for inclusion on publicly accessible areas, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such User Submission solely for the purpose for which such User Submission was submitted or made available. This license exists only for as long as You elect to continue to include such User Submission on the Site and will terminate at the time You remove or We remove such User Submission from the Site.
  • With respect to User Submission other than e-Sword Resources, photos, graphics, audio or video You submit or make available for inclusion on publicly accessible areas of the Site, the perpetual, irrevocable and fully sublicensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such User Submission (in whole or in part) and to incorporate such User Submission into other works in any format or medium now known or later developed.

"Publicly accessible" areas of the Site are those areas that are intended by e-Sword Users to be available to the general public. However, publicly accessible areas of the Site would not include areas that are limited to certain members.

You may terminate the license by emailing e-Sword Users at:  remove.resource AT e-sword-users DOT org

After receiving Your email, the Site Administrators will remove Your User Submission from the Site.

We reserve the right, at Our sole discretion, to delete any uploaded material that in Our opinion contravenes copyright or other laws. Repeated misuse WILL result in termination of Your use of the Site.

9. Notice of Claims of Copyright Infringement

It is the policy of e-Sword Users to respect the legitimate rights of copyright and other intellectual property owners. Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. Section 512 (the "DMCA"), e-Sword Users has designated an agent (specified below) to receive notifications of claimed copyright infringement on its Sites. Please be advised that We enforce a policy that provides for the termination in appropriate circumstances of subscribers who are repeat infringers.

If You believe that Your work has been copied in a way that constitutes copyright infringement or that Your intellectual property rights have been otherwise violated, please provide e-Sword Users' Copyright Agent with the following information in accordance with the DMCA:

   1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

   2. a description of the copyrighted work or other intellectual property that You claim has been infringed;

   3. a description of where the material that You claim is infringing is located on the e-Sword Users Site, with enough detail that We may find it on Our Site; providing URLs in the body of an email is the best way to help Us locate content quickly;

   4. Your address, telephone number, and email address;

   5. a statement by You that You have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and

   6. a statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

e-Sword Users' agent for notice of claims of copyright or other intellectual property infringement can be reached as follows: 

copyright.claim AT e-sword-users DOT org

Please also note that under Section 512(f) any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

Counter-Notification

If You believe that the material You posted was removed by mistake, and that You have the right to post the material, You may elect to send Us a counter notice. To be effective the counter-notification MUST be a written communication provided to Our designated agent that includes substantially the following (please consult Your legal counsel or see 17 U.S.C. Section 512(g)(3) to confirm these requirements):

   1. A physical or electronic signature of the subscriber.

   2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled. Providing URLs in the body of an email is the best way to help Us locate content quickly.

   3. A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.

   4. The subscriber's name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber's address is outside of the United States, for any judicial district in which the service provider may be found, and that the subscriber will accept service of process from the person who provided notification of infringement or an agent of such person.

Such written notice should be sent to Our designated agent as follows: copyright.counter.notice AT e-sword-users DOT org

Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.

More information regarding the Site's Copyright Policy is located at http://e-sword-users.org/users/node/8.

10. Intellectual Property Rights

The content ("All Rights Reserved Content") which is publicly displayed on the Site, including content with some limitations ("Limited License Content") the text, Services, software, scripts, graphics, photos, sounds, interactive features and any other content on the Site ("Redistributable Content") and the trademarks, service marks and logos contained therein, are owned by or licensed to e-Sword Users.

The All Rights Reserved Content on the Site is provided to You "AS IS". You may view or download the Content for Your personal use only and may not be used, copied, distributed, transmitted, broadcast, displayed, sold, licensed, de-compiled, or otherwise exploited for any other purposes whatsoever without e-Sword Users' prior written consent. 

The Limited License Content on the Site is provided to You "AS IS". You may use the Limited License Content for Your use providing the Limited License Content and Your use of the Limited License Content is governed by the license granted to the Site and to You and is fully observed and maintained.  Be absolutely certain You fully read and understand each license as asserted for ALL Limited License Content.  The Site WILL NOT be held liable for Your misuse of ANY Limited License Content.

The Redistributable Content on the Site is provided to You "AS IS". You may use the Redistributable Content for Your use providing the Redistributable Content and Your use of the Redistributable Content is governed by the Creative Commons Attribution-NonCommercial-ShareAlike 3.0 Unported License ("Creative Commons License"). Be absolutely certain You fully read and understand the Creative Commons License as asserted for ALL Redistributable Content.  The Site WILL NOT be held liable for Your misuse of ANY Redistributable Content.  For more information regarding the Creative Commons License please see Section 9 of the Site's Copyright Policy located at http://e-sword-users.org/users/node/8.

e-Sword Users reserves all rights not expressly granted in and to the Site.

You MUST agree not to circumvent, disable or otherwise interfere with security-related features of the Site or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Site.

You acknowledge that e-Sword Users owns all right, title and interest in and to the Service, including without limitation all intellectual property rights ("e-Sword Users Rights"), and such e-Sword Users Rights are protected by U.S. and international intellectual property laws. Accordingly, You agree that You will not copy, reproduce, alter, modify, or create derivative works from the Service without e-Sword Users' prior written consent.

"e-Sword Users", the e-Sword Users logo, and other marks are trademarks and/or service marks of e-Sword Users or its affiliates. All other trademarks, service marks, and logos Used on Our Site are the trademarks, service marks, or logos of their respective owners.

11. Privacy and Disclosure

Your privacy is important to Us. To better protect Your privacy, We provide Our Privacy Policy explaining Our online information practices and the choices You can make about the way Your information is collected and used at this Site. This Privacy Policy can be viewed at http://e-sword-users.org/users/node/5. 

e-Sword Users reserves the right to access, read, preserve, and disclose any User Submission or any other information as it reasonably believes is necessary to (a) satisfy any applicable law, regulation, legal process or governmental request, (b) enforce these Terms, including investigation of potential violations of it, (c) detect, prevent, or otherwise address fraud, security or technical issues (d) respond to User support requests, or (e) protect the rights, property or safety of e-Sword Users, its Users and the public.

12. Advertisements

You understand and agree that e-Sword Users may display advertisements and/or other information adjacent to and related to the User Submission that You upload on public folders.

e-Sword Users serves relevant ads Using a completely automated process. No human will read the User Submission You store in Your e-Sword Users account in order to target such advertisements or other information without Your consent, and e-Sword Users will not provide any content or other personally identifiable information to advertisers as part of the Service.

13. Account Inactivity

e-Sword Users reserves the right to close or disable and or delete content stored in a User's account if the User has not signed in to the account for 90 days. e-Sword Users will notify the User by email of this impending action 15 business days before closing or disabling the account.

14. Termination and Cancellation

You may cancel Your use of the Services and/or terminate these Terms with or without cause at any time by providing notice to e-Sword Users. This notice MUST be given by emailing a termination notice with the subject of "e-Sword Users agreement termination" to the e-Sword Users support team at: terminate.me AT e-sword-users DOT org

You MUST mention in such email Your email address and the password of Your account. A terminated account may continue to exist for up to 14 business days from receipt of notice before such cancellation takes effect.

e-Sword Users may at any time and for any reason terminate or suspend the Site and/or the Services, terminate these Terms, suspend or terminate Your account or take technical and legal steps to keep Users off the Site. In the event of termination or suspension, Your account WILL be disabled and You may not be granted access to Your account or any content contained in it, although residual copies of such content may remain in Our system. 

Sections ?4, ?5, ?9, ?10, ?11, ?14, ?and 15 of these Terms as well as any rights, obligations and duties which by their nature extend beyond the expiration or termination of these Terms ought to survive any expiration or termination of these Terms.

15. Indemnification

You AGREE to hold harmless and indemnify e-Sword Users, and its subsidiaries, affiliates, officers, agents, and employees from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney's fees) arising from: (i) Your use of the Site and/or Services; (ii) Your violation of these Terms; (iii) Your violation of any third party right, including without limitation any copyright, property, publicity or privacy right; or (iv) any claim that one of Your User Submissions caused damage to a third party.

16. Changes to these Terms

We reserve the right, at Our discretion, to modify these Terms at any time. Please check these Terms periodically for changes. Your continued use of this Site following the posting of changes to these Terms WILL mean You accept those changes.  e-Sword Users may update these Terms at any time for any reason. If a change significantly affects these Terms, We will either send a notice to the primary email address specified in Your e-Sword Users account or place a prominent notice on the Site.

17. General

These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by e-Sword Users without restriction. These Terms, the Privacy Policy and the relationship between You and e-Sword Users are governed by and construed in accordance with the laws of the State of Michigan, without giving effect to its conflict of laws provisions, or Your actual state or country of residence. Any claims, legal proceeding or litigation arising in connection with the Service will be brought solely in Marquette, Michigan, and You consent to the jurisdiction of such courts. These Terms, together with the Privacy Policy and any other legal notices published by e-Sword Users on the Site, shall constitute the entire agreement between You and e-Sword Users concerning the Site. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.

No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and a party's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

Last modified: July 16, 2009