The Vail Church Community Board

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TERMS OF USE:

WELCOME TO THE VAIL CHURCH COMMUNITY BOARD. We hope you find it useful.  By use of this website and/or initiating a post to be published you are agreeing to these Terms of Use.

General

All submitted posts will be reviewed and it is at TVC sole and absolute discretion whether a post will be published.  There is no guarantee that a submitted post will be published.  However, Reader be on notice the submitted posts are not verified for truthfulness nor for reliability.

These Terms of Use may and will change from time to time, without prior notice.  New Terms of Use will be effective upon publication to this Community Board site.  You agree to the use of this Community Board and to be bound by the current published Terms of Use.

All posts published will expire and be removed ninety (90) days after the first publication date.

Disclaimer

The Vail Church (TVC) is not endorsing nor responsible for the reliability and/or truthfulness of the content posted on The Vail Church Community Board.  Readers should note that the inclusion of any advertisements and/or postings in no way implies approval or recommendation, by The Vail Church, of either the terms of any offer and/or request contained in it or of the advertiser.  As with all internet transactions, please use caution. 

Errors

While every care is taken to avoid mistakes, The Vail Church cannot accept liability for any errors, misprints, or omissions in the publishing of a post/advertisement.

Authorization of Use

Only people 18 years of age and older are authorized and permitted to submit a post for publication on The Vail Church Community Board.

All “Content” is expressly defined as: 1) Any content, to include but not limited to all graphics, photographs, images, text, audio and/or visual recordings and /or clips;  2) All software and code comprising or used to operate this The Vail Church website and the website’s pages including but not limited to the Community Board; and 3) All other materials available on the Community Board and/or The Vail Church website, including but not limited to the content submitted by users of this Community Board.

All such Content is protected by applicable intellectual property and other laws of the United States and other countries.  All Content and intellectual property rights therein are the property of The Vail Church or the material is included with the permission of the rights owner and is protected pursuant to applicable copyright and trademark laws.  The presence of any Content on The Vail Church Community Board does not constitute a waiver of any right in such Content.  Any transmission, downloading, reproduction, distribution or use in any form or by any means without The Vail Church prior express written permission is prohibited.

The Vail Church expressly prohibits and you as a user agree to not collect any personal and/or contact information from this The Vail Church website and the Community Board for use in marketing or telemarketing applications or for the use and purpose of sending unsolicited emails to the users of this website and the Community Board.

Submitted Posts

All submitted posts will be reviewed by The Vail Church.  The Vail Church reserves sole and absolute discretion to decline to publish a post.  The Vail Church has no duty to inform the person submitting (“Submitter”) a post as to why it was declined to be published, and by submitting a post for publication you as a Submitter agree to that sole and absolute discretion.

The Vail Church is not obligated to nor will The Vail Church verify the accuracy, veracity and/or reliability of any post published to the Community Board.  The Submitter is responsible for the full content of the post submitted, to include but not limited to, all text, images, graphics, photographs, audio and/or video recordings and/or clips (“Submitted Content”).  All the messages and/or meanings put forth through the Submitted Content is solely the responsibility of the Submitter.  Under no circumstances will The Vail Church be liable in any way for any Submitted Content published on or through the Community Board.  The Submitter can and may be held personally liable for the Submitted Content that is defamatory, libelous, violates this Terms of Use, violates an obligation of confidentiality or the rights of others.  It is also the sole responsibility of Submitter to obtain any and all necessary permissions to use the product of another before submitting a post that does not contain all of Submitter’s original work or product.

As Submitter of the Submitted Content, you agree to indemnify The Vail Church (see Indemnification section herein) from any accusation and/or legal action and you represent and guarantee that:

1. You are 18 years of age or older, you have read and understood and agree to all terms set forth in these Terms of Use;
2. Your Submitted Content, including any web links included in the Submitted Content, are accurate and do not violate any provision of these Terms of Use; and
3. You have a legal and binding right to use and grant a license for use of all Submitted Content, including but not limited to, any included web links.

You as a Submitter are granting The Vail Church the right to use all the Submitted Content you submit for publication.  The Vail Church will not have an ownership in your Submitted Content but you are granting The Vail Church a fully paid, perpetual, nonexclusive, royalty free, world- wide, transferable license to use, modify, distribute, copy, publically display and perform, transmit, decline, remove, publish, and retain the Submitted Content on this Community Board without obtaining additional consent, notification, attribution to, without restriction, and without compensating Submitter in any way. Do not submit any content that you do not wish to license to The Vail Church, including any confidential information or product ideas.

You as Submitter are agreeing to these Terms of Use in no regard or manner renders The Vail Church as an owner of the Submitted Content, and the Submitter will retain ownership thereof as described above.

It is a condition of these Terms of Use that you do not submit content or a web link that does or will:

1. contain false, fraudulent or misleading information;
2. contain any type or fashion of software viruses and/or material whether computer files, programs or codes that will destroy, interrupt, copy, reproduce or limit the functionality of any computer operations whether in software or hardware capacity;
3. any material that in itself or promotes a violation of any law, rule or regulation, whether criminal or civil;
4. any material that infringes on the rights of others, including but not limited to rights of confidentiality, trade secrets, contractual rights, fiduciary rights, trademark rights, copyrights, patent rights, and/or privacy rights of any individual, living or deceased, or any entity;
5. any type or form, whether in submitted material or internet link, that is or will be indecent, harmful, threatening, vulgar, pornographic, racially disparaging, profane, abusive, harassing, obscene, hateful, defamatory, libelous, or unlawful;
6. any material that misrepresents and/or fraudulently represents the Submitter or any Submitter affiliation.

Declination/Removal

All submitted posts will be reviewed by The Vail Church.  The Vail Church reserves sole and absolute discretion to decline to publish a post.  The Vail Church has no duty to inform the Submitter a post as to why a post was declined to be published, and by submitting a post for publication you as a Submitter agree to that sole and absolute discretion.

All posts published will expire and be removed ninety (90) days after the first publication.

The Vail Church reserves the right at any time, to and from time to time, to delete, suspend or discontinue, temporarily or permanently the Community Board (or any portion thereof) and/or the information, materials, products, requests and/or services available through the Community Board with or without notice.  You agree that The Vail Church shall not be liable to you or any third party for any such deletion, suspension or discontinuance of the Community Board (or any portion thereof).

LIMITATION OF LIABILITY

 IN NO EVENT WILL THE VAIL CHURCH BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES WHATSOEVER ARISING FROM YOUR ACCESS OR USE OF, OR INABILITY TO ACCESS OR USE, THIS THE VAIL CHURCH COMMUNITY BOARD.

IN NO EVENT WILL THE VAIL CHURCH BE LIABLE FOR ANY DAMAGES WHATSOEVER ARISING IN ANY WAY FROM ANY ACT OR OMISSION BY ANY OTHER PERSON INCLUDING, WITHOUT LIMITATION, ANY CONTENT PROVIDED, OR REPRESENTATION MADE, BY ANY OTHER PERSON.

WITHOUT LIMITING THE FOREGOING, IN NO EVENT WILL THE VAIL CHURCH BE LIABLE FOR ANY DAMAGES WHATSOEVER ARISING IN ANY WAY FROM ANY PRODUCT OR SERVICE THAT IS OFFERED, REQUESTED OR SOLD BY ANY PUBLISHED POSTING ON THIS COMMUNITY BOARD OR ANY REPRESENTATION MADE BY ANY PUBLISHED POST ON THIS COMMUNITY BOARD.

IN ANY EVENT, THE VAIL CHURCH’S ENTIRE LIABILITY TO YOU UNDER ANY PROVISION OF THIS AGREEMENT OR ARISING FROM THE ACCESS OR USE OF THE COMMUNITY BOARD BY YOU OR ANY OTHER USER/READER/SUBMITTER WILL BE LIMITED TO AND NOT EXCEED TEN DOLLARS ($10.00).

Indemnification

The Submitter will indemnify and keep The Vail Church fully indemnified in respect of:

1. all claims, costs, demands, damages, liabilities, or other charges whatsoever arising as a result of legal actions or threatened legal actions resulting from the publication of the submitted posts; and
2. all direct, indirect, or consequential liability, loss, damage, injury, costs and expenses (including, without limitation, legal and other professional fees and expenses) awarded against or incurred by The Vail Church as a result of or in connection with any infringement or alleged infringement of any intellectual property rights caused by the use of, including but not limited to, images of any kind, text, audio and/or video supplied by the Submitter for publication on the Community Board.

Venue, Jurisdiction and Applicable Law

Any and all claims, disputes or controversies related to these Terms of Use or in any other action in regards to the Community Board shall be litigated in the courts of Eagle County, Colorado, which shall be the forum of such litigation.  These Terms of Use shall be construed and interpreted under and shall be governed by the laws of the State of Colorado and the applicable federal laws of the United States of America.

Severability

If any provision of these Terms of Use is held by a court of competent jurisdiction to be contrary to law, such provision will be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of these Terms of Use shall remain valid and binding upon the Parties hereto.

Waiver

Failure of The Vail Church to exercise any right or remedy granted under these Terms of Use shall not have the effect of waiving or limiting the exercise by The Vail Church, of any other right or remedy or the indication of such right or remedy at any future time.

Survival of Indemnity 

The obligation of Submitter to indemnify and hold harmless provided in these Terms of Use prior to the date of the published post expiration shall survive the removal of the published post from the Community Board.

No Construction Against Drafting Party

These Terms of Use shall not be subject to any rule of contract construction or interpretation requiring that in the event of ambiguity, these Terms of Use must be construed against the drafting party, and the parties hereto hereby waive the benefit of any such rule of contract construction or interpretation.

Entire Agreement

These Terms of Use contain the entire understanding and agreement between you and The Vail Church with respect to the Community Board and supersede all previous or future communications, negotiations, and agreements not included in these Terms of Use now or in the future, whether oral, written, or electronic, between you and The Vail Church with respect to the Community Board and your use of the Community Board.