Terms of Use
Welcome to Theologika Digest, a service of Theologika. By using the Theologika service (the “Service”), you accept and agree to be bound by the following terms and conditions (the “Terms of Use”). Any new features that augment or enhance the current Service shall also be subject to these Terms of Use. Nothing in the Terms of Use should be construed to confer any rights to third party beneficiaries.
1. Description of Service
Theologika includes a Library, Blog, Theologika Digest, Ask Theologika, a Boutique, and a section we call OFS – Other Fun Stuff. The library contains collections of websites tagged and annotated by its users and developers. No claim is made as to its inclusiveness nor to its exhaustive nature. There are many more wonderful resources available on the web that have not yet been included in Theologika’s library. Each section has its own unique focus and each is a “work in progress” that will continue to be built up by its trustees and users.
Theologika is in its “beta” release, meaning that it is not yet perfect. It has limits and is subject to errors and faults. It may be modified or terminated at any time by Theologika for any reason. These changes may be made without notice and may affect your access to information and information that you have submitted. We cannot guarantee that any entries you make will be preserved or that they will be compatible with new versions of the site. At a future time, we again expect to offer options for sharing discoveries with friends and for doing joint research. This is not currently an option.
2. Changes to Terms of Use
The Terms of Use of this service are subject to update by Theologika at any time with or without notice, and you can review the most current version of it online at any time.
3. Registration
When you register for Theologika, you must provide true, accurate and complete registration information. As part of the registration process, you will be asked to select a username and password and you will be responsible for all activities occurring under your username and for keeping your password secure.
4. Use of Materials
The content within the Service is protected by copyright and other laws in both the United States and elsewhere. The Service includes both content owned or controlled by Theologika as well as content owned or controlled by third parties and licensed to Theologika (collectively, the “Materials”).
Theologika authorizes you to view and download a single copy of the Materials solely for your personal, non-commercial use. You may not sell or modify the Materials or reproduce, display, publicly perform, distribute, or otherwise use the Materials in any way for any public or commercial purpose without the written permission of Theologika.
If you would like information about obtaining Theologika’s permission to use any of the Materials on your Web site or for any purpose not expressly permitted in the Terms of Use, please contact us.
5. Content
Your Responsibilities. You understand that all tags, links, annotations and other content (collectively, “Content”), is the sole responsibility of the person from which such Content originated. This means that you, and not Theologika, are entirely responsible for all Content that you type, tag, link, publish, post, distribute, disseminate or otherwise transmit (collectively, “Post”) via the Service. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Theologika be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content Posted via the Service. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. You understand that the technical processing and transmission of the Service, including Content, may involve ( a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
User’s Rights and Responsibilities. Each user decides whether their collections are restricted to certain members or accessible to the public generally, and each user may change the access to his collections at any time. A user shall be responsible for the maintenance and monitoring of the Content of his collections, including deleting any Content at any time and in his sole discretion.
Theologika’s Right to Remove Content. You acknowledge that Theologika does not pre-screen, control, edit or endorse Content made available through the Service and has no obligation to monitor the Content Posted via the Service. If Theologika discovers Content that does not appear to conform to the Terms of Use, Theologika may investigate and determine in good faith and in its sole discretion whether to remove the Content. Theologika will have no liability or responsibility for performance or non-performance of such activities.
Users Must Mark Sexually Explicit Content. If you tag sexually explicit Content that is not suitable for minors, you must mark the Content as such. If your tag or otherwise include Content that is sexually explicit and you do not mark it appropriately, Theologika shall have the right to delete you and your Content from the Service.
Requests for Content Removal. You understand that Theologika does not monitor or control the content of information Posted by others, and instead simply provides a service by allowing users to Post information and to access information that has been made available. However, if you believe that inappropriate Content has been Posted on the Service, you may notify us. Please be aware, however, that due to our limited resources, we may not be able to review your request promptly and even if we do, we may choose not to remove the material.
Theologika’s Right to Revoke User Privileges. Theologika reserves the right to cancel any user’s access to the Service for any legal reason, including its sole discretion that such use is either not in conformity with the Terms of Use, inappropriate, offensive, or not in the best interests of Theologika or its users.
6. Appropriate Conduct
You agree that you are responsible for your own Content and Postings and while using the Service and for any consequences thereof. You agree to use the Service only to Post Content that is legal, proper and in conformance with these Terms of Use. By way of example, and not as a limitation, you agree that when using the Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; post any inappropriate, defamatory, infringing, obscene, or unlawful Content; post any Content that infringes any patent, trademark, copyright, trade secret or other proprietary right of any party (the “Rights”), unless you are the owner of the Rights or have the permission of the owner to Post such Content; post Content that promotes pyramid schemes, chain letters or disruptive commercial messages or advertisements. impersonate another person or entity, or falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is Posted; restrict or inhibit any other user from using and enjoying the Service; use the Service for any illegal or unauthorized purpose; remove any copyright, trademark or other proprietary rights notices contained in or on the Service; interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Service or collect information about users for any unauthorized purpose; submit Content that falsely expresses or implies that such Content is sponsored or endorsed by Theologika; create user accounts by automated means or under false or fraudulent pretenses; promote or provide instructional information about illegal activities or promote physical harm or injury against any group or individual; or transmit any viruses, worms, defects, Trojan horses, or any items of a destructive nature. International users agree to comply with their own local rules regarding online conduct and acceptable content, including laws regulating the export of data to the United States or your country of residence. While Theologika prohibits such conduct and Content in connection with the Service, you understand and agree that you nonetheless may be exposed to such conduct and/or Content and that you use the Service at your own risk.
7. Proprietary Rights
Theologika’s Rights Theologika and its affiliates and licensors own and retain all rights in the Service, which contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by Theologika, you may not copy, modify, publish, transmit, distribute, perform, display or sell any of Theologika’s proprietary information. “Theologika” and the “Theologika” are trademarks of Theologika.
Your Rights Theologika claims no ownership over any Content Posted by you on or through the Service. However, by Posting Content on or through the Service, you grant Theologika a worldwide, perpetual, non-terminable, non-exclusive, royalty-free license to sell, resell, reproduce, adapt and publish such Content for use in the connection with the Service, Other Theologika services, and other third party services, and for the purpose of displaying, distributing and promoting the Service other Theologika Services and other third party services. This license terminates a reasonable time after the deletion of such Content from the Service. Theologika further reserves the right to use Content in connection with other services offered by Theologika.
Digital Millennium Copyright Act It is our policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act. Please submit notifications here.
8. General Practices Regarding Use and Storage
You agree that Theologika has no responsibility or liability for the failure to store or deletion of any Content Posted on the Service. You acknowledge that Theologika has set no fixed upper limit on your use of the Service; however, we retain the right, at our sole discretion, to create limits at any time with or without notice.
9. Links
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Theologika has no control over such sites and resources, you acknowledge and agree that Theologika is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content on or available from such sites or resources. You further acknowledge and agree that Theologika shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content available on or through any such site or resource.
10. Advertisements
Theologika is an ad-supported service. As such, we display advertisements and promotions on the Service. The manner, mode and extent of advertising by Theologika on the Service are subject to change. You agree that Theologika shall not be responsible or liable for any loss or damage of any sort incurred as a result of any such dealings or as the result of the presence of such advertisers on the Service.
11. User Privacy
As a condition of using the Service, you agree to the terms of the Theologika Privacy Policy, as it may be changed from time to time. Theologika will provide you notice of any significant changes by placing a link on the Theologika home page or by email. You understand and agree that Theologika may access, preserve, and disclose your personal information and the contents of your account in order to provide the Service or if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to comply with legal process or protect the rights, property and/or safety of Theologika, its affiliates or the public. Personal information collected by Theologika may be stored and processed in the United States or any other country in which Theologika or its agents maintain facilities. By using the Service, you consent to any such transfer of information outside of your country.
For a full description of how Theologika maintains the personal information you provide, please see our Theologika Privacy Policy.
12. Disclaimer of Warranties
Theologika and its affiliates, licensors, partners, suppliers, consultants and agents (“Theologika Entities”) disclaim any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or Content displayed on the Service. The Theologika Entities disclaim any and all responsibility and liability for your conduct and for the conduct of others using the Service.
THE SERVICE, AND ALL CONTENT, INFORMATION (INCLUDING, WITHOUT LIMITATION, ANY INFORMATION OR CONTENT OBTAINED OR ACCESSED THROUGH THE SERVICE), PRODUCTS AND SERVICES INCLUDED THEREIN ARE PROVIDED “AS IS,” WITH NO WARRANTIES WHATSOEVER. THE Theologika ENTITIES EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.
Some states do not allow the exclusion or limitation of implied warranties, so the above disclaimers and exclusions may not apply to you. YOU AGREE THAT YOUR USE OF THE SERVICES IS ENTIRELY AT YOUR OWN RISK.
13. Hold Harmless and Indemnity
You agree to hold harmless and indemnify Theologika from and against any third party claim arising from or in any way related to your use of the Service, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature. In such a case, Theologika will provide you with written notice of such claim, suit or action.
14. Limitation of Liability
UNDER NO CIRCUMSTANCES WILL Theologika BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH USE OF THE SERVICE, WHETHER OR NOT Theologika HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUCH LIMITATION OF LIABILITY SHALL APPLY (I) WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SERVICE, FROM INABILITY TO USE THE SERVICE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SERVICE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES), AND (II) NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation and exclusions may not apply to you. UNDER NO CIRCUMSTANCES SHALL Theologika BE LIABLE TO YOU FOR ANY AMOUNT EXCEEDING ONE THOUSAND DOLLARS ($1000.00).
15. Term and Termination
These Terms of Use will apply to your use of the Service. You may terminate your use of the Service immediately at any time by simply discontinuing your use of the Service or by contacting us. We may terminate your use of the Service immediately at any time, for any reason, and at such time you will have no right to use the Service. Our proprietary rights, disclaimer of warranties, indemnities, limitations of liability and miscellaneous provisions shall survive any such termination. However, Theologika reserves the right to continue to use any Content Posted by you that you have not deleted.
16. Notices
Theologika may provide you with notices regarding the Service or these Terms of Use by email or postings to this Web site.
17. Miscellaneous Provisions
These Terms of Use will be governed by and construed in accordance with the laws of the State of California, without giving effect to its conflict of laws provisions or your actual state or country of residence. The parties agree to submit to the personal and exclusive jurisdiction of the courts located in the County of Santa Clara, California. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Use to be unenforceable, the remainder of the Terms of Use will continue in full force and effect. You shall not assign these Terms of Use or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without our prior written consent. Any such purported assignment or delegation will be null and void and of no force or effect.
Without limiting the foregoing, under no circumstances shall Theologika be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
These Terms of Use constitute the entire agreement between you and Theologika with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms of Use by a party will be effective only if in writing and signed by a party.
