Account Agreement
Use of your free account is basically governed by common sense. The restrictions are that you do not engage in any illegal activities, you don't behave in a manner that would disrupt or diminish the enjoyment of the site by other users (including but not limited to offensive or abusive behavior), and you do not provide false or misleading information to us or other users. The following agreement is the legal language defining these restrictions. Even though you don't pay for your account, you have rights to access it unless you violate the terms of this agreement, in which case we may restrict or terminate your usage.
Conroy & Conroy Company Account and Services Agreement and Terms of Use.
Last modified: 25-September-2024
1. READ THIS.
This Agreement between YOU and Conroy & Conroy Company ("Company") contains the complete terms and conditions that govern the use of Company websites, software, content, and services (collectively, "Services"). BY CLICKING THE "I AGREE" BUTTON BELOW OR BY ACCESSING, VISITING, BROWSING, USING, OR ATTEMPTING TO INTERACT WITH OR USE ANY PART OF SERVICES, YOU AGREE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THIS AGREEMENT.
IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT ACCESS OR USE ANY PART OF SERVICES. COMPANY RESERVES THE RIGHT, WITH OR WITHOUT NOTICE, TO MAKE CHANGES TO THIS AGREEMENT AT COMPANY'S SOLE DISCRETION. CONTINUED USE OF ANY PART OF SERVICES CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGES.
THE MOST CURRENT VERSION OF THIS AGREEMENT, WHICH SUPERCEDES ALL PREVIOUS VERSIONS, CAN BE REVIEWED BY GOING TO https://www.erasmusbibleapp.com/agreement.php. You are also obligated to periodically review this document to make yourself aware of any changes. Your continued use of Services after such changes have been posted will constitute your acceptance of those changes. Company may change this Agreement at any time, without advance notice, and the changes will become effective 15 days after posting the revised Agreement (the "Effective Date"). Any use of the services shall be subject to the Agreement thereafter.
2. ACCESS TO SERVICES. To access Services, you may be asked to provide certain registration details or other information. It is a condition of your use of this Site that all the information you provide will be correct, current, and complete. If Company believes the information you provide is not correct, current, or complete, Company has the right to deny access to Services, and to terminate or suspend your access at any time. The Agreement can only be revised in a writing signed by Company or published by Company on its website. Note that advertisements are covered by different agreements and are not subject to the terms in this Agreement.
Your access to Services is provided through an on-line account ("Account") that is authenticated through a user name and password chosen by you when you sign up for access to Services by completing the registration process. YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR PASSWORD AND FOR ANY AND ALL ACTIVITIES (INCLUDING PURCHASES AND CHARGES, AS APPLICABLE) THAT ARE CONDUCTED THROUGH YOUR ACCOUNT. In the event of any unauthorized use of your password or account or any other breach of security, you must notify Company immediately and promptly change your password.
3. APPLICABLE USE OF SERVICES. All Users must abide by this Agreement. If you fail to follow any of the terms or conditions of this Agreement or any other applicable guidelines and/or rules of behavior, Company reserves the right to immediately suspend and/or discontinue your ability to use the Services if you violate any of the terms of this Agreement or any other applicable guidelines and/or rules of behavior. In addition, Company has the right to delete any piece of content or material, comment, as well as any topic or profile that the Company finds objectionable, in its reasonable discretion. You alone are totally responsible for any activity that takes place through Services under your account. If you become aware of any unauthorized use of your username and/or password, it is your responsibility to notify Company immediately. It is up to you to maintain the confidentiality of your password and username.
4. PUBLISHERS. Use of Services by publishers is governed by our standard royalty agreement signed by duly empowered representatives of the publisher and Company, and are not subject to this Agreement. Publishers operating under different royalty agreements and all other accounts must abide by this Agreement.
5. SERVICES. Company reserves the right to change or to discontinue temporarily or permanently, in whole or in part, the Services at any time. Company will provide reasonable notice of any significant changes or discontinuation of the services. You agree that Company will not be liable to you or any third party for any modification or discontinuance of the Services. We work to provide a quality experience. However, we cannot always anticipate technical or other difficulties which may result in loss of data, personal settings or other service interruptions. For this reason, you agree that the Services are provided "AS IS" and "AS AVAILABLE". Company does not assume responsibility for the timeliness, deletion, misdelivery or failure to store any data, communications or personalization settings.
NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN THE ACCOUNT OR SERVICES, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN AND TO THE ACCOUNT AND SERVICES ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF COMPANY. You may not purchase, sell, gift, or trade any Account, and any such attempt shall be null and void. You may not offer to purchase, sell, gift, or trade any Account, and any such attempt shall be null and void.
6. MINIMUM AGE. You represent that you are 13 years of age, or older. Persons of any age are allowed to view public content on the site, but only those 13 years of age, or older, can register for, or use, an Account, pursuant to the Children's Online Privacy Protection Act ("COPPA"). You affirm that you understand that user-submitted content may not be reviewed or moderated by Company in a timely manner, or at all, and that it is possible that the content you view may violate the terms of this Agreement. However, you may report flagrant violations to Company.
7. NO CO-BRANDING. You may not use or authorize any party to co-brand Services without the express prior written permission of an authorized representative of Company in each instance. For purposes of this Agreement, "co-branding" means to display a name, logo, trademark, trade name, service mark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute this Site or content accessible through Services. Furthermore, you agree to cease any unauthorized co-branding immediately upon notice from Company.
8. INDEMNIFICATION. YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD COMPANY, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, CONTENT PROVIDERS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, AND CONTRACTORS (COLLECTIVELY, THE "INDEMNIFIED PARTIES") HARMLESS FROM ANY BREACH OF THESE TERMS OF USE BY YOU, INCLUDING ANY USE OF CONTENT OTHER THAN AS EXPRESSLY AUTHORIZED IN THESE TERMS OF USE. YOU AGREE THAT THE INDEMNIFIED PARTIES WILL HAVE NO LIABILITY IN CONNECTION WITH ANY SUCH BREACH OR UNAUTHORIZED USE, AND YOU AGREE TO INDEMNIFY ANY AND ALL RESULTING LOSS, DAMAGES, JUDGMENTS, AWARDS, COSTS, EXPENSES, AND ATTORNEYS' FEES OF THE INDEMNIFIED PARTIES IN CONNECTION THEREWITH. YOU WILL ALSO INDEMNIFY, DEFEND, AND HOLD THE INDEMNIFIED PARTIES HARMLESS FROM AND AGAINST ANY CLAIMS BROUGHT BY THIRD PARTIES ARISING OUT OF YOUR USE OF THE INFORMATION ACCESSED FROM THIS SITE.
9. PRIVACY POLICY. Company respects your privacy and has developed a detailed Privacy Policy. Please take the time to read our Privacy Policy which is available at https://www.erasmusbibleapp.com/privacy.php. As a User of the Services, you are accepting the terms of our Privacy Policy.
10. INTELLECTUAL PROPERTY. You are solely responsible for all User Content (as defined in the next sentence) that you upload, post, email, transmit or otherwise make available on or through the Services. "User Content" means User-Submitted content or information of any type or medium, including but not limited to: letters, emails or other messages; other forms of communication through the Services; personal User information; reviews; ratings, data, images; audio or video files; and software. You may Submit only User Content which you own, have created or which you have clear permission to Submit. You acknowledge and agree that Company does not endorse any User Content and is not responsible or liable for any User Content, even though it may be illegal, harassing, libelous, privacy invading, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable, or may infringe upon the intellectual property or other rights of another.
11. ACCURATE INFORMATION. You agree to provide true, accurate, current and complete information about yourself as requested in the Services registration forms (the "Registration Data"). You agree to update the Registration Data to keep it current and accurate.
12. ACCOUNT USER NAME. Company reserves the right to refuse, terminate, or modify any username that
a. impersonates someone else, including, without limitation, another user,
b. is, or may be, illegal or is, or may be, protected by trademark or other laws,
c. may cause confusion,
d. is, or may be, considered vulgar, profane, obscene, derogatory, defamatory, libelous, slanderous, hateful, racial, ethnically offensive, or sexual in nature,
e. is, or contains, the name of a popular cultural persona or personality (e.g. "PresidentObama" or "Superman"), or a religious deity or figure,
f. is, or contains, the name or "street" name of any drug, narcotic, or criminal or terrorist organization,
g. is, or contains, gibberish (e.g. "askdjh"),
h. is, or contains, terms or statements that are, or may be, considered political or related to the "culture war" (e.g. "Gunskill" or "RepublicansRule"), or
i. is deemed by Company to be otherwise inappropriate.
You agree not to attempt to circumvent these rules by using misspellings, alternate spellings, leet speak, or any other means. You agree to take reasonable precautions to protect your password and account from unauthorized access. You are responsible for maintaining the confidentiality of your account and are not permitted to share your account details with any other person, or allow any other person other than a legal spouse to use your account, whether intentionally or through negligence.
We recommend that you do not use any personally-identifying information in your user name.
13. USAGE. You agree that misuse of the Services may materially affect the reputation of Company. You agree not to use the Services for illegal purposes or for the transmission of material that is unlawful, harassing, libelous, invasive of another person's privacy, abusive, threatening, or obscene, or that infringes the copyright or other intellectual property rights of others.
The Services, including all Web site design, text, graphics, photos, audio, video, the selection and arrangement thereof, and all software that are part of the Services is owned or licensed by Company. The Services are made available to you for your personal, non-commercial use and may be stored on a computer only for such use. The Services are protected by copyright and other proprietary rights and laws. Publication, sale, redistribution in any form or medium, as well as modification or use of the Services, except as expressly permitted, is prohibited without the prior written permission of Company, which may be requested via the site's contact form.
You agree not engage in any of the following:
a. use of any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor, data scrape, copy or transfer any part of the Services or the registration data or other data of any user (whether individually or in the aggregate) except where expressly made available or provided for through the authorized use of the Services;
b. probe, scan or test the vulnerability of the Services, or breach the security or authentication measures on the Services;
c. reverse look-up, trace or seek to trace any information on any other user of the Services, including any Account not associated with you, to its source, or exploit the Services in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information as provided for by the Services;
d. take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Services;
e. interfere, or attempt to interfere, with any other party's use and enjoyment of the Services;
f. interfere with the proper working or authorized uses of the Services or with any other person's use of the Services;
g. forge headers or otherwise manipulate identifiers in order to disguise the origin of any message transmittal you send on or through the Services;
h. Engage in rude or otherwise objectionable behavior including, but not limited to, sexual comments or cursing;
i. transmit any content that is unlawful, harassing, vulgar, obscene, profane, hateful, fraudulent, threatening, abusive, libelous, slanderous, defamatory, sexual, racial, ethnically objectionable, or could be deemed to be stalking or constitute an invasion of a right of privacy of another person;
j. provide links to any web site whose content would be prevented by the rules of this section;
k. impersonate any other individual or entity or misrepresent your identity or your affiliation with another individual or entity;
l. modify, copy, distribute, display, send, perform, reproduce, publish, license, create derivative works of, transfer, sell, or otherwise infringe upon any intellectual property rights related to Services, in whole or in part; or
m. entice or encourage someone to break any of the rules of this Agreement.
14. SUBMISSIONS. Services may provide or contain forums, bulletin board services, chat areas, message boards, news feeds, news groups, communities, personal web pages, calendars, and/or other message or communication facilities designed to allow you to communicate with the Internet community or with a group (collectively, "Social Media"). You agree to use the Social Media only to post, send, and receive messages and content that are considered proper and related to the particular Social Media. User Content submitted by you to Social Media must be related to the appropriate subject (e.g. a commentary review must be a review of that commentary). Non-subjective information must be accurate. While the submitted material remains on the Services, you warrant that you have the legal copyright to the material, and you grant Company a worldwide, non-exclusive, sublicensable, assignable, royalty-free, perpetual, irrevocable right to use, reproduce, distribute, adapt, translate, create derivative works of, publicly perform, publicly display and license, digitally perform, make, have made, including, without limitation, all copyrights, trademarks, trade secrets, patents, industrial rights and all other intellectual and proprietary rights related thereto, in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise. You retain all other rights to your User Content not granted herein, including the right to be attributed for your User Content. Company reserves the right, solely at its discretion, to correct, alter, reject, or remove any User Content. All User Content should be polite and focused. You agree not to:
a. post advertising or other types of spam,
b. use ASCII art or any other means of representing images with characters,
c. post a message multiple times or in multiple places,
d. use a language other than English, without providing an accurate English translation,
e. use Services for any commercial purpose, without prior express written permission of an authorized representative of the Company in each instance, which permission will be at Company's sole and absolute discretion.
You agree not to post any material
a. that is, or may be, illegal or is, or may be, protected by trademark, copyright, or other laws, or
b. that is, or may be, considered vulgar, profane, obscene, derogatory, defamatory, libelous, slanderous, hateful, racial, ethnically offensive, or sexual in nature, or
c. that is, or contains, nonsensical or meaningless text (e.g. "askdjh"), or
d. that is, or contains, terms or statements that are, or may be, reasonably considered to promote or oppose a person or group based on race, gender, nationality or political affiliation, or
e. that contains excessive misspellings or grammatical errors that significantly impede comprehension, or
f. that is deemed to be otherwise inappropriate by Conroy & Conroy Company, or
h. that advertises any commercial endeavor (e.g., offering for sale any products or services) or otherwise engage in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services), or solicit funds, advertisers, and/or sponsors for any purpose, or
i. that seeks to exploit or harm children or other vulnerable people by exposing them to inappropriate content, or
j. that impersonates or misrepresents your connection to any other entity or person, or
k. that solicits funds, investors, advertisers or sponsors for any purpose, or
l. that amounts to a pyramid or other like scheme, including without limitation contests, chain letters, and surveys, or,
m. that contain any form of link to another site that contains content that falls within the scope of this section.
You agree
a. not to attempt to circumvent these rules by using misspellings, alternate spellings, leet speak, or any other means,
b. that Company may edit, move, or delete User Content at its sole discretion,
c. to abide by all posted limits on use, reproduction, and/or dissemination of materials posted to Services by others.
15. SITE MODERATION.
You acknowledge that
a. Company may prescreen User Content, but has no obligation to do so,
b. Company will have the right in its sole discretion to refuse, edit, move or remove any User Content that are submitted on or through the Service, and
c. Company has no obligation to screen any User Content submitted to the Services.
The Company reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that the Company will not be liable to you or any third party for any modification, suspension, or discontinuance of the Services.
WHILE THE COMPANY EXPLICITLY PROHIBITS THE CONDUCT SPECIFIED IN THE PREVIOUS SECTION, YOU ACKNOWLEDGE AND AGREE THAT YOU MAY BE EXPOSED TO SUCH CONDUCT AND CONTENT, AND THAT YOUR USE OF THE SERVICES IS ENTIRELY AT YOUR OWN RISK, AND THAT THE COMPANY'S LIABILITY SHALL BE LIMITED TO THE FULL EXTENT ALLOWED UNDER THE LAW AND,
YOU UNDERSTAND AND AGREE THAT IF YOUR USE OF SERVICES VIOLATES ANY OF THE ABOVE CODES OF CONDUCT, THE COMPANY CAN SUSPEND AND/OR TERMINATE YOUR USE OF THE SERVICES IMMEDIATELY WITHOUT PRIOR NOTICE AND WITHOUT ANY RIGHT OF REFUND, SET-OFF, OR HEARING.
16. PROPRIETARY INFORMATION. All content provided through the Services (the "Content") is considered the copyrighted and trademarked intellectual property of Company, or of the party that created and/or licensed the Content to Company, unless it is marked as Public Domain. No rights or title to any of the Content obtained through Services shall be considered transferred or assigned to the User at any time. Subject to all applicable laws, you agree that you will not copy, distribute, republish, modify, create derivative works of, or otherwise use the Content in any unauthorized way, without the prior written consent of Company in each instance, except that you may print out and/or save one copy of the Content for your personal use only.
17. TERMINATION. You may terminate your account at any time. You acknowledge that your voluntary termination of an account with associated purchased content will render that content inaccessible to you. Company reserves the right to monitor use of Services to determine compliance with this Agreement. Company reserves the right to terminate your use of the Services at any time and for any reason including, but not limited to,
a. breach of this Agreement, or
b. repeated User Content submissions that violate submission guidelines, for any reason or for no reason whatsoever.
Company may provide warnings before terminating an Account, but has no obligation to do so. If the Account has any paid Services associated with it, Company may - at its option - either refund a prorated amount of what was paid for subscriptions, or allow access for the violator to only those Services which were paid for. Any pro-rating will commence from the beginning of the next calendar month from the date of the first notification of violation from Company. Company has no obligation to keep any information or User Content provided by you, or to allow use of any points that may have accumulated prior to termination.
18. HYPERLINKING. The Services may provide, or other parties including users of Services, may provide links to other World Wide Websites or resources which are not maintained by, or related to, the Services. Links to such sites are provided as a convenience to our users and are not sponsored by, endorsed, or otherwise affiliated with the Services or the Company. The Company has no control over these sites and any content thereon, does not endorse these third-party websites, and makes no representations or warranties about the content, completeness, quality or accuracy of any such third party website. Therefore, you acknowledge and agree that the Company is not responsible for the availability of such links, and that the Company does not endorse and is not responsible or liable for any content, advertising, products, or other materials made available on or from these linked websites. You also acknowledge and agree that the Company is not responsible or liable, directly or indirectly, for any damage or loss caused by or alleged to have been caused by or in relation to the use of any content, goods, or services offered through these links or any failures and/or disruption to your computer system that may result from your use of any such links, or for any intellectual property or other third party claims relating to your posting or using such links.
19. DISCLAIMER OF WARRANTIES. You understand that Company cannot and does not guarantee or warrant that files available for downloading from or through Services will be free of viruses, worms, Trojan horses, or other code that may cause damage or harm to your computer(s) or network(s). You acknowledge that you will be solely responsible for implementing sufficient procedures and checkpoints to protect your computer(s) and network(s), and that you will maintain adequate means of backup of your personal data, external to the Services. Company further disclaims any responsibility to ensure that the content provided through Services is necessarily complete and up-to-date.
YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND THE COMPANY RESERVES THE RIGHT TO MODIFY OR DISCONTINUE THE SERVIES AT ANY TIME, WITH OR WITHOUT NOTICE. CONROY & CONROY COMPANY, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS (COLLECTIVELY, THE "PARTIES") EXPRESSLY DISCLAIM 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.
THE PARTIES MAKE NO WARRANTY THAT (A) THE SERVICES WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS, (E) THAT YOUR MESSAGES, DATA OR INFORMATION, IN WHATEVER FORM OR MEDIUM, WILL NOT BE LOST, (F) ANY ERRORS WILL BE CORRECTED, AND (G) THE COMPANY DOES NOT ENDORSE, VERIFY, OR TAKE RESPONSIBILITY FOR ANY THIRD-PARTY CONTENT PROVIDED THROUGH THE SERVICES. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ANY PARTY, OR THROUGH OR FROM THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE ACCOUNT AGREEMENT.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH JURISDICTIONS, LIABILITY OF THE PARTIES WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. To the extent that any part of this section is not consistent with any other part of the User Agreement, then this Disclaimer of Warranties will override it.
20. TRADEMARKS AND COPYRIGHTS. Trademarks, service marks, logos, trade names, and copyrighted works (hereinafter, "Intellectual Property") appearing on this Site are the property of Company or the party that provided the Intellectual Property to Company. Users are not permitted to use any of the Company's Intellectual Property without the Company's prior written consent. Company and any party that provides Intellectual Property to Company retain all rights with respect to any of their respective Intellectual Property appearing in this Site and do not transfer at any time to user and/or any other third party. Except where otherwise noted, all contents of Company's Services are: Copyright © 2024 by Conroy & Conroy Company.
21. EPILEPTIC SEIZURE WARNING. A SMALL NUMBER OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE SERVICES. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WITH NO HISTORY OF SUCH SYMPTOMS. CONSULT YOUR PHYSICIAN PRIOR TO USE OF THE SERVICES IF YOU HAVE HAD ANY OF THESE SYMPTOMS AND DISCONTINUE USE OF THE SERVICES IMMEDIATELY IF YOU EXPERIENCE DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION OR INVOLUNTARY MOVEMENTS OR CONVULSIONS.
22. LIMITATIONS OF LIABILITY. YOU AGREE THAT THE PARTIES WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (A) THE USE OR INABILITY TO USE THE SERVICES; (B) THE COST OF GETTING SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (D) STATEMENTS OR CONDUCT OF ANYONE ON THE SERVICES; OR (E) ANY OTHER MATTER RELATING TO THE SERVICES. IF, NOTWITHSTANDING THE OTHER PROVISIONS OF THIS AGREEMENT, ANY PARTY IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH ARISES OUT OF OR IS ANY WAY CONNECTED TO YOUR USE OF THE SERVICES, LIABILITY OF THE PARTIES SHALL IN NO EVENT EXCEED THE GREATER OF (A) THE TOTAL OF ANY SUBSCRIPTION OR SIMILAR FEES WITH RESPECT TO ANY SERVICE OR FEATURE OF THE SERVICES PAID IN THE SIX MONTHS PRIOR TO THE DATE OF THE INITIAL CLAIM MADE AGAINST CONROY & CONROY COMPANY, OR (B) US$100.00.
23. COPYRIGHT INFRINGEMENT. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Company's copyright agent (as designated herein) all of the written information specified below. Please note that this procedure is exclusively for notifying Company and its affiliates that your copyrighted material has been infringed. Please include the following:
— An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
— A description of the copyrighted work that you claim has been infringed upon;
— A description of where the material that you claim is infringing is located on the Site, including the current Website address;
— Your address, telephone number, and e-mail address;
— A statement by you that you have a good-faith belief that the disputed use is unauthorized by the copyright owner, its agent, and/or the law;
— A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Company's Copyright Agent for notice of claims of copyright infringement on its Websites can be reached as follows:
Copyright Agent:
Conroy & Conroy Company
Attn: Copyright Agent,
14016 35th Avenue South
Tukwila, WA 98168-4010
phone: 206-244-6198
e-mail: alan@erasmusbibleapp.com
24. SECURITY. Any passwords used for this Site are for individual use only. You will be responsible for the security of your password(s) at all times. From time to time, Company may require that you change your password. You are prohibited from using Services to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password crackers, rootkits, Trojan horses, or network probing tools) is strictly prohibited. If you become involved in any violation of system security, Company reserves the right to release your account details to the system administrators of other websites and/or the authorities in order to assist them in resolving security incidents. Company reserves the right to investigate suspected violations of this Agreement. Company reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing Company to disclose the identity of anyone posting any User Content, or publishing or otherwise making available any materials that are believed to violate this Agreement.
BY ACCEPTING THIS AGREEMENT YOU WAIVE ALL RIGHTS NOT SPECIFICALLY SET FORTH HEREIN, AND AGREE TO HOLD COMPANY HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY COMPANY DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER COMPANY OR LAW ENFORCEMENT AUTHORITIES.
25. GOVERNING JURISDICTION. This agreement shall be governed by the laws and courts of the county of KING in the state of
Washington, U.S.A. in all disputes arising out of or relating to the Services. Use of the Services is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this Section. Company's performance of the Agreement is subject to existing laws and legal process, and nothing contained in the Agreement is in derogation of our right to
a. comply with United States of America federal law, or
b. comply with the laws of any states or territories of the United States of America, or
c. comply with local laws within those states or territories, or
d. comply with an order from a court of competent jurisdiction, or
e. share with law enforcement any evidence of illegal activity, potential illegal activity, or indication of any behavior that might lead to great physical harm or property damage.
26. SEVERABILITY. If any part of the Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Account Agreement shall continue in effect. The Agreement, together with any additional terms and conditions or policies referred to and incorporated herein (including additional terms applicable to various parts of the Services and the Privacy Policy), constitutes the entire understanding between you and Company regarding the Services.
27. WAIVER. Company's failure to enforce any provision of this Agreement shall in no way be construed to be a present or future waiver of such provision, nor in any way affect the right of any party to enforce each and every such provision thereafter.
28. SUITABLE REMEDIES. You hereby agree that Company would be irreparably damaged if the terms of this Agreement were not specifically enforced, and therefore you agree that Company shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of the Agreement.
29. MISCELLANEOUS
a. The section titles in the Agreement are for convenience only and have no legal or contractual effect.
b. Please report any violations of this Agreement to the Company by using the contact form at https://erasmusbibleapp.com/modules/EWEMessages/writecontactmessage.php?sid=1
c. If you have any questions regarding this Agreement, please contact us at http://erasmusbibleapp.com/modules/EWEMessages/writecontactmessage.php?sid=1.