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1.1 This Agreement governs you the user and your use of this web site and its associated services (the "Web Service"), including interactive chat and forum discussion areas (the "Interactive Areas"), which are owned and operated by Amazing Discoveries™ and its subsidiaries, affiliates, divisions and related companies Amazing Discoveries™ Ministries ("Amazing Discoveries™", “AD”).
1.2 AD reserves the right, in its discretion, to change or modify all or any part of this Agreement at any time, effective immediately upon notice published on the Web Service. Your use of the Web Service constitutes your binding acceptance of these terms and conditions, including any changes or modifications made by AD as may occur from time to time. If at any time the terms and conditions of this Agreement are no longer acceptable to you, you should immediately cease use of the Web Service and the Interactive Areas.
2. Use of Web Service
2.1 You acknowledge that the Web Service contains content,
appearance, design, information, software, photographs, audio and video
clips, graphics, links and other material that are protected by
copyright, trademark or other proprietary rights of Amazing Discoveries™
or third parties, including but not limited to product names, sounds,
colors, logos, designs, titles, and words or phrases which may be
registered in certain jurisdictions (collectively, the "Content"). You
agree to comply with any additional copyright notices, information, or
restrictions contained in any Content available on or accessed through
the Web Service. Users of the Web Service may use the Content only for
their personal, noncommercial use. Users of the Web Service wanting to
use the content for commercial use or mass distribution must obtain
prior express written permission of Amazing Discoveries™.
2.2 Other than for personal use provided that you do not remove any trademark, copyright or any other notice contained in the content,you may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the content, in whole or in part, except as otherwise expressly permitted in this Agreement. Except as set forth in relevant license agreements, nothing contained in the Web service grants any license or other right to any of the Amazing Discoveries™ intellectual-property or any third parties’ intellectual property. You may not use spiders, robots, data mining techniques or other automated techniques to catalog, download or otherwise reproduce, store or distribute content available on the Web Service. Further, you may not exceed the limited authorization and access granted to you under this Agreement. You may not resell use of, or access to, the Web Service to any third party. Content consisting of downloadable software may not be reverse-engineered unless specifically authorized by the owner of the software as covered by the owner’s patent and or copyright rights. Subject to the provisions of this Agreement, you may post on the Web Service any content owned by you (such as your original statements), content for which you have received express permission from the owner, and content in the public domain. You assume all right and responsibility for determining whether any content is in the public domain. You hereby grant to Amazing Discoveries™ a perpetual, worldwide, royalty-free, freely transferable right and license to edit, copy, publish, distribute, translate and otherwise use in any medium and for any purpose any content that you place on the Web Service without compensation to you. You represent and warrant that you are authorized to grant all rights set forth in the preceding sentence.
2.3 You may not download content on this web site that is indicated to be for sale except under the terms of the sale. Such content is the protected and copyrightable property of Amazing Discoveries™. "Free" content may be downloaded for your personal use or noncommercial distribution consistent with the terms defined in this Agreement. When using both purchased and "free" content, you will maintain and include all patent, trademark, copyright and other notices contained in such content. Except as expressly permitted by the copyright laws, no copying, storage, redistribution or publication of any content is permitted without the express permission of Amazing Discoveries™ or the owners of such content or their authorized persons if other than AD.
3. Rules of Conduct
3.1 You must comply with the Amazing Discoveries™ Acceptable Use Policy
(see section 15) in connection with your use of the Web Service. You
should report any violations of the Acceptable Use Policy to Amazing
Discoveries™ at reportingabuse -at- amazingdiscoveries.org Without limiting
the terms of the Acceptable Use Policy, you shall not post on the Web
Service any content which (a) is libelous, defamatory, obscene,
pornographic, abusive, harassing or threatening; (b) contains viruses
or other contaminating or destructive features; (c) violates the rights
of others, such as content which infringes any copyright, trademark,
patent, trade secret or violates any right of privacy or publicity; or
(d) otherwise violates any applicable law or reputation. You may not
post on the Web Service any links to any external Internet sites that
are obscene or pornographic. You shall not use the Web Service for any
commercial purpose not expressly approved by AD, nor shall you
distribute any advertising or solicitation of funds or goods and
services or solicit users to join online services competitive to
3.2 You may use the Web Service without registering with AD, but in order to take advantage of some aspects of the Web Service, it may be necessary for you to register and create an account. Your account is for your sole, personal use, you may not authorize others to use your account, and you may not assign or otherwise transfer your account to any other person or entity. All registration information about you must be truthful, and you may not use any aliases or other means to mask your true identity. You are responsible for the security of your password and will be solely liable for any use or unauthorized use under such password.
3.3 If you subscribe to any paid service in connection with the Web service, you are responsible for paying any required subscription fees. You hereby authorize Amazing Discoveries™ to charge your credit card, debit card or bank account in connection with the ongoing cost of applicable subscriptions or membership fees for a subscribed service. Unless stated otherwise, your subscription to the service will automatically renew for term equal to the original term upon expiration of the then current term, and continually thereafter unless you terminate the subscribed service by phone or e-mail at least 48 hours prior to the renewal date. You acknowledge and agree that we have authorization to charge your credit card, debit card or bank account for services which are automatically transferred to any successors or assigns that provide the subscribed service. A subscriber service for the private, noncommercial enjoyment of subscribers only and any other use is strictly prohibited. You agree not to copy, publish or in any way make available publicly any material from the subscriber service without the express written consent of Amazing Discoveries™.
3.4 PRIVACY STATEMENT
Amazing Discoveries™ strives to ensure the privacy and accuracy of your confidential information. In order for you to purchase products and Service(s) that we offer via the Web service, we require you to provide us with information that personally identifies you ("Personal Information"). Personal Information may include (i) contact data (such as your name, physical and email addresses, phone numbers and domain names), and (ii) financial data (such as your account or credit card number).
Aggregate information on web service usage is recorded, and information
volunteered by site users including all data submitted is collected and
stored. This may include the use of specific services on the Web
service and/or Service(s) such as performing keyword searches,
registering for events, or requesting additional information. We also
collect and retain your email address and any other information you
provide, when you communicate with us via email. We collect this
information to provide online services, and to enhance our Web content
and improve our quality of service, as well as to provide third party
offers to you through email.
Cookies are small files that may include a unique identifier, which is sent from our Web server to your web browser and is stored on your hard drive for record-keeping purposes. Cookies may be required to use certain services on the Site. You may choose to view, block or erase cookies within your web browser.
The confidential data you submit is encrypted using industry-standard SSL encryption. Furthermore, all of the customer data we collect is protected against unauthorized access and is never sold, traded or leased for commercial purposes to other organizations except to provide services, information, or products you've requested, when we have your permission, or in the following circumstances: (a) in the case of a sale of all of the assets of Amazing Discoveries™, a merger involving Amazing Discoveries™, a sale of assets involving Amazing Discoveries™ or a corporate reorganization involving Amazing Discoveries™; (b) Amazing Discoveries™ retaining another or an additional provider of services that requires the information to complete such services; and (c) when it is necessary to share information to investigate, prevent, or take action regarding illegal activities, suspected threatening or fraudulent activities, and violations of Terms of Service, or as otherwise required by law.
In addition, please keep in mind that whenever you voluntarily disclose Personal Information on-line, for example on message boards, through e-mail, or in chat areas, that information can be seen, collected and used by others.
4. Managing Content
Amazing Discoveries™ does not and cannot review the content posted by users on the Web Service and is not responsible for such content. However, AD reserves the right to delete, move or edit any content (including content posted in any Interactive Area) that it may determine, in its sole discretion, violates or may violate this Agreement or is otherwise unacceptable. You shall remain solely responsible for all content posted by you. Amazing Discoveries™ shall have the right but not the obligation, to correct any errors or omissions in any content, as it may determine in its sole discretion.
5. No Endorsement
5.1 Amazing Discoveries™ does not represent or endorse the accuracy
or reliability of any content posted on any Interactive Area and you
acknowledge that any reliance upon such content shall be at your sole
risk. Any content placed on any Interactive Area by users are the views
of the user posting the statement, and do not represent the views of
Amazing Discoveries™ or its advertisers or sponsors.
5.2 The Web Service may contain links to sites on the Internet, which are owned and operated by third parties (the "External Sites"). You acknowledge that Amazing Discoveries™ is not responsible for the availability of, or the content located on or through any External Site. You should contact the site administrator or Webmaster for those External Sites if you have any concerns regarding such links or the content located on such External Sites.
You agree to indemnify, defend and hold Amazing Discoveries™ and its affiliates, and their respective officers, directors, owners, agents, information providers and licensors (collectively, the "Amazing Discoveries™ Parties") harmless from and against any and all claims, liability, losses, costs and expenses (including attorneys' fees) incurred by any Amazing Discoveries™ Party in connection with any use or alleged use of the service under your user name by any person, whether or not authorized by you. Amazing Discoveries™ reserves the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Amazing Discoveries™' defense of such claim.
7. Termination of Service
Amazing Discoveries™ reserves the right, in its sole discretion, to restrict, suspend or terminate your access to all or any part of the Web Service, including the Interactive Areas, at any time for any reason without prior notice or liability. Amazing Discoveries™ may change, suspend or discontinue all or any aspect of the Web Service at any time, including the availability of any feature, database, or Content (including the Interactive Areas), without prior notice or liability.
8. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
8.1 NEITHER AMAZING DISCOVERIES™ NOR ANY PROVIDER OF THIRD PARTY
CONTENT OR THEIR RESPECTIVE AGENTS WARRANTS THAT THE WEB SERVICE WILL
BE UNINTERRUPTED OR ERROR FREE; NOR DOES AMAZING DISCOVERIES™, ANY THIRD
PARTY CONTENT PROVIDER, OR THEIR RESPECTIVE AGENTS MAKE ANY WARRANTY AS
TO THE RESULTS TO BE OBTAINED FROM USE OF THE WEB SERVICE OR THE
CONTENT. THE WEB SERVICE AND THE CONTENT ARE DISTRIBUTED ON AN "AS IS,
AS AVAILABLE" BASIS. NEITHER AMAZING DISCOVERIES™, THIRD PARTY CONTENT
PROVIDERS, NOR THEIR RESPECTIVE AGENTS MAKE ANY WARRANTIES OF ANY KIND,
EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF
TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE, WITH RESPECT TO THE WEB SERVICE, ANY CONTENT OR ANY
PRODUCTS OR SERVICES SOLD THROUGH THE WEB SERVICE. NEITHER AMAZING
DISCOVERIES™ NOR ANY THIRD PARTY CONTENT PROVIDER WARRANTS THAT ANY
FILES AVAILABLE FOR DOWNLOADING THROUGH THE WEB SERVICE WILL BE FREE OF
VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. YOU EXPRESSLY
AGREE THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE
SERVICE AND THE ACCURACY OR COMPLETENESS OF THE CONTENT IS ASSUMED
SOLELY BY YOU.
8.2. NEITHER AMAZING DISCOVERIES™ NOR ANY THIRD PARTY CONTENT PROVIDER OR THEIR AGENTS SHALL BE LIABLE FOR ANY ACT, DIRECT OR INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
8.3. SOME STATES DO NOT ALLOW EXCLUSION OR IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF AMAZING DISCOVERIES™, THIRD PARTY CONTENT PROVIDERS AND THEIR RESPECTIVE AGENTS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
9. Donation Information
Donor relations materials on this web site are provided for convenience only, and speak only as of their original date or the date specified therein. Available information may change at any time and may not be reflected on this web site. Amazing Discoveries™ disclaims any responsibility to update this web site.
This Agreement shall be construed in accordance with the laws of the State of Washington State, USA and Province of British Columbia, Canada, and the parties irrevocably consent to bring any action to enforce this Agreement in the federal or state courts located in Whatcom County in the State of Washington and Province of British Columbia, Canada. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof, and supersedes all previous written or oral agreements between the parties with respect to such subject matter. All provisions hereof shall survive any termination of this Agreement as well as any other revisions which by their terms or sense are intended to survive.
11. Digital Millennium Copyright Act ("DMCA") Notice
Materials may be made available via the Web Service by third parties not within our control. We are under no obligation to, and do not, scan content used in connection with the Web Service for the inclusion of illegal or impermissible content. However, we respect the copyright interests of others. It is our policy not to permit materials known by us to infringe another party’s copyright to remain on the Web Service. If you believe any materials on the Web Service infringe a copyright, you should provide us with written notice that at a minimum contains:
- 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 copyrighted 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 the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
All DMCA notices should be sent to our designated agent as follows:
Amazing Discoveries Attn: Administration
PO Box 189
7101C – 120th Street
Delta, BC V4E 2A9
Email: copyright -at- amazingdiscoveries.org
It is our policy to terminate relationships regarding content with third parties who repeatedly infringe the copyrights of others.
12. Guidelines for children
While our website is not subject to COPPA, we love children and understand that it is very important to maintain their privacy. Therefore, our policy is that we will not knowingly collect, use or distribute to third parties any personally identifiable information from any child under 13 years old without verifiable parental consent and not knowingly allow any child under 13 years old to publicly post or distribute personally indentifiable information without verifiable parental consent.
13. Termination of website or Web service
Amazing Discoveries reserves the right to terminate the Web service in the entirety at any time for any reason.
Should you have any questions about this Web Service, you may contact us at privacy -at- amazingdiscoveries.org
15. Acceptable Use Policy
Amazing Discoveries™ may at any time make modifications, changes and alterations to the data of our Web Service. Such modifications may include messages boards, email Service(s), chat rooms, and other such Service(s). You agree to not use the Web Service to:
- submit material that is protected by copyright, patent or any other proprietary rights unless you are the owner of such material or have a license or permission from the owner of any such proprietary rights to provide the material;
- upload, post, email, transmit or otherwise make available any User Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
- harm minors in any way;
- impersonate any person or entity, including, but not limited to, an Amazing Discoveries™ official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content transmitted through the Web Service;
- upload, post, email, transmit or otherwise make available any User Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- upload, post, email, transmit or otherwise make available any User Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
- upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping rooms) that are designated for such purpose;
- upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Web Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
- interfere with or disrupt the Web Service or servers or networks connected to the Web Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Web Service;
- intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, and any regulations having the force of law;
- "stalk" or otherwise harass another; or
- collect or store personal data about other users.
You acknowledge that Amazing Discoveries™ does not pre-screen User
Content, but that Amazing Discoveries™ and its designees shall have the
right (but not the obligation) in their sole discretion to refuse or
move any User Content that is available via the Web Service. Without
limiting the foregoing, Amazing Discoveries™ and its designees shall
have the right to remove any User Content that violates the Terms of
Use or is otherwise objectionable in its sole discretion. You agree
that you must evaluate, and bear all risks associated with the use of
any User Content, including any reliance on the accuracy, completeness,
or usefulness of such User Content. In this regard, you acknowledge
that you may not rely on any User Content created by Amazing
Discoveries™ or submitted to Amazing Discoveries™, including without
limitation information in message boards, clubs, and in all other parts
of the Web Service.
You understand that the technical processing and transmission of the Web Service, including your User Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
Copyright 2009,2010 Amazing Discoveries™, Inc., except where otherwise noted. All rights reserved.
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