Photobible.org Terms of Use
These Terms of Use set forth the terms by which you may use the Photobible.org Website (“the Website”). These Terms of Use are an agreement between you and the Website. By using this Website, you acknowledge that you have read, accepted, and agreed to be bound by these Terms of Use and to comply with all applicable laws and regulations. You are only authorized to use this Website if you agree to abide by the Terms of Use and all applicable laws hereunder. Please read these Terms of Use carefully. If you do not agree to these Terms of Use, then please do not use this Website.
Photobible.org may amend these Terms of Use at any time without notice in its sole discretion and the modifications will apply immediately. Please check these Terms of Use regularly to ensure that you are aware of any such amendments. The Privacy Policy published on this Website also forms part of these Terms of Use. From time to time, Photobible.org may amend the Privacy Policy or introduce other policies regarding the use of the Website. Any reference to these Terms of Use includes all such policies.
These Terms of Use apply to all users of this Website, whether you are a visitor simply browsing the Website, you are a registered user, or you are a buyer of merchandise.
1. Nature of Photobible.org.
Photobible.org is a social networking website, which is designed to provide inspiration to the community through the exchange of Bible verses and photos illustrating those verses. Registered users of the Website may view Bible verses illustrated by photos, add and link photos to the verses, mark their favorites, and leave comments for other members of the community. The Website integrates Flickr application programming interfaces (the “Flickr APIs”), in order to provide users access to photo functionality and to enhance the user’s experience on the Website.
2. Eligibility to use Photobible.org.
Only adults are eligible to use the Website. By using this Website, you warrant and represent that you are at least 18 years of age, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use and to abide by and comply with these Terms of Use.
3. Use of Photobible.org.
In order to access many of the features of this Website, you will need to become a “Registered User,” which requires registration and creation of an account. If you register as a new user, you will be required to select a password. Alternatively, you will have the option to elect to register to use the Website with your Flickr account. By registering as a new user, you agree to provide true, accurate, current, and complete information about yourself. If you provide any information that is untrue, inaccurate, not current, or incomplete, or if we have reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, then this Website has the right to suspend or terminate your account.
You should not disclose your Photobible.org or Flickr password to any third party. You are solely responsible for keeping your password confidential and for the activity that occurs on your account. We will never ask you to send your password or other sensitive information to us in an email or to enter it via any website other than one with the URL of www.photobible.org. If you suspect any unauthorized use of your account or access to your password, then please change your password immediately and contact us. You agree to immediately notify us of any unauthorized use of your password or account or of any other breach of security. You are solely liable for any loss or damage arising from any failure to comply with this Section 3.
Photobible.org uses industry standard techniques, including encryption, to process and store personal information. However, to the extent permitted by law, this Website does not accept responsibility for the security of personal information transmitted over the Internet or the unauthorized access to or use of your personal information. Please refer to our Privacy Policy.
We exercise commercially reasonable efforts to maintain Photobible.org at all times and to keep it operating free from bugs, errors, technical problems, or defects. In the event that any bugs, errors, technical problems, or defects are identified, then we will assign technicians to promptly triage and resolve the issue, and to provide a workaround. If at any time you become aware of an error, bug, or other technical problem, you should promptly notify us of the incident at support@photobible.org, providing the following information:
(a) the specific sequence of events causing the incident;
(b) the exact wording of any bug or error messages, if applicable;
(c) a full description of the incident; and
(d) any special circumstances surrounding the discovery of the incident for which you are seeking technical support.
4. Specific Prohibited Uses.
The Photobible.org Website may be used only for lawful purposes, and should be used only by users seeking to participate in a social networking community, which is designed to inspire users through the photo illustration of Bible verses, or who are seeking to purchase inspirational merchandise featuring Bible verses illustrated by photos. Photobible.org specifically prohibits any other use of the Website, including but not limited to the following: (a) posting or submitting photos or content which you do not own or have the legal right to post; (b) disclosing or sharing your password with any third party or allowing such third party access to a password-protected portion of the Website; (c) taking any action that disrupts, tampers with, interferes with, or imposes an unreasonable burden on the Website’s infrastructure, servers, data, or network, or those of any third party via our Website; (d) using or attempting to use any engine, software tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars, or intelligent agents) to navigate or search the Website other than generally available third party browsers (including but not limited to Internet Explorer, Firefox, and Safari); (e) posting or submitting any content that contains software viruses or any computer code, files, or programs designed to interrupt, destroy, or limit functionality of the Website; (f) deciphering, decompiling, disassembling, or reverse engineering any of the software comprising or in any way making up part of the Website; (g) using any means of automatically searching or mining data from the website or in any way attempting to interfere with the proper functioning of the Website; (h) stalking, harassing, or threatening any other user of the Website; (i) uploading, posting, emailing, transmitting, or otherwise making available content that is unlawful, harmful, abusive, threatening, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable; (j) harming minors in any way; (k) collecting or storing personal information about any other user of the Website; (i) intentionally or unintentionally violating any applicable local, state, national, or international law; and (m) providing material support or resources to any terrorist organization.
Photobible.org reserves the right (but does not have an obligation) to suspend or terminate users who do not appropriately use this Website. If you become aware of any inappropriate use, please notify us at our email address at support@photobible.org.
5. Making Comments.
Photobible.org provides users the ability make comments, which can be shared with other members of the online community. You are solely responsible for ensuring that any such comments that you make are appropriate, and are not illegal, obscene, threatening, harassing, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise objectionable and do not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam.”
If you do post comments, you grant to us a nonexclusive, royalty-free, perpetual, irrevocable right to use, reproduce, adapt, publish, translate, create derivative works from, distribute, and display such comments throughout the world in any media, and to grant sublicenses to third parties. You represent and warrant that you own all rights in the comments that you post and that such comments to not violate our Terms of Use hereunder. We reserve the right to monitor and remove any comments at any time without notice.
6. Linking Photos.
Photobible.org provides users the ability to link photos from their Flickr accounts to Bible verses, in order to illustrate the verses and share those illustrations with other members of the online community. You are solely responsible for ensuring that the photos you link are appropriate and are not illegal, obscene, threatening, harassing, defamatory, invasive of privacy; that they do not violate any third party’s intellectual property, publicity, or other rights; and that they are not otherwise objectionable.
In addition, when you link photos from your Flickr account, you are solely responsible for complying with the Flickr Community Guidelines at www.flickr.com/guidelines.gne, the Flickr Terms of Use at http://www.flickr.com/terms.gne, and the Yahoo! Terms of Service at http://docs.yahoo.com/info/terms/. You are also solely responsible for complying with all requirements or restrictions imposed on the usage of the photos you link to by their respective owners, and for complying with any other terms or conditions or requirements that are attached to a photo by the owner.
Photobible.org does not maintain or control the Flickr website and does not accept any responsibility for the use or content of the Flickr website or any other third party websites. Photobible.org reserves the right to delete or remove any links for any reason, but does not have the obligation to monitor or remove links. This Website does not regularly review posted links and take no responsibility and assume no liability for links to Flickr and other third party websites. In addition, we not intend that links to Flickr or any third party website should be construed as a referral to or endorsement of such third party website(s).
7. Merchandise Sales.
Photobible.org may from time to time make available merchandise for sale to users of this Website. This Website will accept as payment for such purchases all major credit cards, including VISA, Mastercard, American Express, and Discover. Photobible.org ships all merchandise by registered courier. Please check with such courier to confirm the expected delivery time. Shipping charges will be added to the price of the merchandise and billed to you when your order is placed. Since we do not ship to post office boxes, please provide a physical address to which we may mail your purchase. If upon receipt of your merchandise, you are unhappy with your purchase for any reason, you may return the item within thirty (30) days of its receipt to us for a full refund, which will be credited to the credit card on which the purchase was made. For proper crediting of your account, please contact us for a Return Materials Authorization (“RMA”) form, prior to returning your purchase. Photobible.org will notify you by email upon the return of any refund.
8. Intellectual Property.
The trademarks and copyrightable materials on this Website, including but not limited to trademarks and copyright materials in any merchandise that Photobible.org sells on the Website, are owned or licensed by us unless otherwise indicated. You may not reproduce, display, publicly perform, copy, distribute or otherwise use for any commercial purpose any portion of the Website or any merchandise sold on the Website without the express written permission of us or our licensors as appropriate. Any code that we create to generate or display content on the pages of the Website is also protected by our copyright and you may not use or copy such code.
In order to integrate photo functionality into this Website, Photobible.org uses Flickr APIs pursuant to the Flickr API Terms of Use. For the avoidance of doubt, however, while Photobible.org uses Flickr APIs, this Website is not endorsed or certified in any way by Flickr. All right, title, and interest in the Flickr APIs is owned by Flickr Flickr and its parent company Yahoo! Inc. (collectively “Flickr”) and is licensed to Photobible.org on a worldwide, non-exclusive, non-sublicenseable basis. Flickr user photos are owned by the users (the photographers) and not Flickr.
9. Intellectual Property Infringement Complaints.
Photobible.org respects the intellectual property rights of others. If you believe that your intellectual property has been copied in a way that constitutes intellectual property infringement, then please provide Photobible.org of notice and advise us of the following:
(a) the name of the owner and a signature of the person authorized to act on behalf of the intellectual property interest that is alleged to be infringed;
(b) a description of the work, product, or other intellectual property that you claim has been infringed;
(c) a description of where the material is located on the Website.
(d) your address, telephone number, and email address;
(e) a statement by you affirming your good-faith belief that the dispute use is not authorized by the intellectual property owner or its agent; and
(f) a statement by you made under penalty of perjury that you are the intellectual property owner or are authorized to at on the intellectual property owner’s behalf.
All intellectual property infringement complaints should be directed to Photobible.org agent for notice of intellectual property infringement complaints at support@photobible.org.
10. Warranty; Disclaimer.
(a) Registered User Warranty.
In submitting any comment or other content to Photobible.org (hereinafter “Content”), you represent and warrant that you own all rights in the Content; that it is your personal and original work of authorship and not a work for hire or work created by any third party; that you have the right and authority to convey the rights granted hereunder; the your Content is free and clear of any encumbrances or liens and is not subject to any third party agreements or arrangements which would interfere with its use; that the Content is not defamatory, obscene, or otherwise offensive; and that the Content will not infringe on the intellectual property rights of any third party.
Disclaimer of Warranties.
The use of this Website, including the Flickr API functionality, shall be at your sole discretion and risk. Neither Photobible.org nor Flickr makes any warranty that your access to the Website or the Flickr API functionality will be continuous, uninterrupted, bug-free, error-free, virus-free, free of defects, free of technical problems, reliable, accurate, or complete. Photobible.org will, however, use reasonable care to provide uninterrupted, bug-free, error-free, virus-free, reliable, accurate, and complete service. Use of this Website and the Flickr API functionality is on an “as is” basis. TO THE EXTENT PERMITTED BY LAW, PHOTOBIBLE.ORG AND FLICKR EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF QUIET ENJOYMENT, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AVAILABILITY, SECURITY, AND /OR TITLE. NEITHER PHOTOBIBLE.ORG NOR FLICKR WARRANTS THAT ALL ERRORS, BUGS, OR DEFECTS CAN OR WILL BE CORRECTED OR THAT THE WEBSITE OR FLICKR APIS WILL OPERATE BUG-FREE, ERROR-FREE, CONTINUOUSLY, OR UNINTERRUPTED.
SOME OF THE FLICKR APIS MAY BE EXPERIMENTAL AND NOT TESTED IN ANY MANNER. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM ANY FLICKR APIS INCLUDING, BUT NOT LIMITED TO, ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA.
FOR THE AVOIDANCE OF DOUBT, THE USE OF FLICKR APIS AND LINKS SHALL NOT BE READ AS AN ENDORSEMENT OF FLICKR OR ANY THIRD PARTY WEBSITE.
11. Consequential Damages; Limitation of Liability.
You agree that neither Photobible.org or Flickr will be liable to you for any indirect, incidental, consequential, special, punitive,or exemplary damages, arising out of or in connection with the use of Photobible.org or Flickr (in conjunction with this Website), including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Photobible.org and Flickr have been advised of the possibility of such damages. Under no circumstances shall Photobible.org or Flickr be liable to you for any amount.
12. Exclusions and Limitations.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN SECTIONS 10 AND 11 MAY NOT APPLY TO YOU.
13. Release and Waiver.
To the maximum extent permitted by applicable law, you hereby release and waive all claims against Photobible.org, Flickr, and our respective subsidiaries, affiliates, licensors, co-branders, partners, officers, directors, employees, independent contractors, representatives, agents, and customers from any and all liability for claims, damages (actual and or consequential), costs and expenses (including litigation costs and attorneys’ fees) of every kind and nature, arising from or in any way related to this Website. If you are a California resident, you waive your rights under California Civil Code Section 1542, which states, “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” You understand that any fact relating to any matter covered by this release may be found to be other than now believed to be true, and you accept and assume the risk of such possible differences in fact. In addition, you expressly waive and relinquish any and all rights and benefits which you may have under any other state or federal statute or common law principle of similar effect, to the fullest extent permitted by law.
14. Indemnification.
By using Photobible.org, you agree to indemnify, defend, and hold harmless us, Flickr, and our respective subsidiaries, affiliates, licensors, co-branders, partners, officers, directors, employees, independent contractors, representatives, agents, and customers against any third party claim arising from or in any way related to your use of this Website and posting of content to this Website, including but not limited to any liability or expense arising from all claims, demands, losses, damages, costs, expenses, suits, judgments, litigation costs, and attorneys fees.
15. Miscellaneous.
Photobible.org reserves the right to discontinue operation of the Website or access to the Flickr API functionality at any time in its sole discretion, or to make modifications to the operation of the Website or to the Flickr API functionality at any time in its sole discretion. You may not assign or transfer any of your rights or obligations under these Terms of Use without the Website’s prior written consent. You agree that Photobible.org may assign these Terms of Use without prior notice in the event of a merger, acquisition, or sale of all or part of its business. No waiver of any breach of the Terms of Use, no matter how long continuing or how often repeated, will be deemed a waiver of any subsequent breach thereof, nor shall any delay or omission to exercise any right, power, or privilege hereunder be deemed a waiver of such right, power, or privilege. If any provision of these Terms of Use is held unenforceable or in conflict with the law of any jurisdiction, the validity of the remaining provisions shall not be affected by such holding. The meaning of that provision, will be construed, to the extent feasible, to render the provision enforceable and to give effect to the Parties’ intentions as reflected in the provision. If no feasible interpretation would save such provision, it is to be severed from the remainder of these Terms of Use, which are to remain in full force and effect. The Terms of Use constitute the entire agreement with you and Photobible.org with respect to the subject matter set forth herein. You agree that you and Photobible.org shall act independent of each other at all times, and not as a partner, joint venturer, agent, employee, or employer of the other. You shall not have any authority to assume or create any obligation for or on behalf of Photobible.org, whether express or implied, and you shall not attempt to bind Photobible.org to any contract. The section headings and subheadings contained in this agreement are included for convenience only and shall not limit or otherwise affect the Terms of Use. Any construction or interpretation to be made of the Terms of Use shall not be construed against the drafter.
16. Third Party Beneficiaries.
You agree that Flickr shall be a third party beneficiary to these Terms of Use.
17. Governing Law; Dispute Resolution.
These Terms of Use are governed by the laws of the State of California, without regard to its conflict of law principles. All disputes arising under these Terms of Use shall be submitted to binding arbitration in Santa Clara County, California under the Commercial Rules of the American Arbitration Association by one arbitrator mutually agreed upon by you and Photobible.org in accordance with the aforementioned Rules. Costs of the arbitration, including administration and arbitrators’ fees shall be shared equally by you and Photobible.org. The arbitration award shall be final and each party shall comply in good faith to the entry of the arbitrator’s award in any court having jurisdiction. If judicial enforcement or review of the arbitrator’s decision is sought, the prevailing party shall be entitled to costs and reasonable attorney’s fees. For the avoidance of doubt, all claims you bring against Photobible.org must be resolved in accordance with this Section 17. All claims filed or brought against Photobible.org contrary to this Section 17 shall be considered improperly filed. Should you file a claim contrary to this Section 17, you agree that Photobible.org may recover attorneys’ fees and costs up to $800, provided that Photobible.org has notified you in writing of the improperly filed claim, and you have failed to properly withdraw the claim.
California Act