This document contains important information about use of and subscription to The Vine. The terms "User", "You", or "Your" shall be used in this document to identify Subscribers (individual end users) and Advertisors.
The Vine may change, add, or remove any part of this document at any time and without prior notice. Should this happen The Vine will post changes on The Terms & Conditions page (www.thevinetoday.com/terms).
As a member of The Vine you agree that:
- The Vine can send you 1 (one) e-mails every day until you cancel your membership.
- The Vine can send you no more than 2 (two) additional promotional e-mails per week. These e-mails include, but are not limited to, advertising and promotions for The Vine and our affiliates.
- The Vine can send you service e-mails to facilitate your account. These include, but are not limited to, confirming your membership details, resetting your password, and changing your e-mail address.
- You are responsible for maintaining the confidentiality of Your information and password. You shall be responsible for all uses of your password, regardless of whether these uses are authorised by You. You agree to notify The Vine immediately of any unauthorised use of your registration or password.
Access to Services
The Vine may change, suspend, or discontinue any (or all) aspects of the site at any time, including the availability of any content or features.
Acceptable Use Guidelines
The Vine encourages Users to participate in the Internet experience, to voice their views, and to benefit from interactive experiences. Nonetheless, it is imperative that You are very aware that there are rules and standards that must be adhered to as a User of The Vine.
Users are solely responsible for their conduct while using any of The Vine site, including, but not limited to, the content of all e-mail messages You generate, all content in any folders, homepages, or any other interactions You generate, transmit, or maintain via The Vine. The Vine takes no responsibility for any such online distribution or publication by You or by any other party. The Vine cannot and will not review every message or other content You or any other party may generate or post, and The Vine is not responsible for the content thereof.
The Vine may include discussion forums or other interactive areas (chat, instant messaging, etc.). Forums and interactive areas shall be used only for non-commercial purposes.
By using any of the Services, You agree not to do any of the following:
- Upload to, distribute or otherwise publish through The Vine Services any message, data, information, text or other material ("Content") that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, or otherwise objectionable.
- Upload or transmit any Content that would constitute or encourage a criminal offence, violate the rights of any party, or would otherwise create liability or violate any local, national or international law.
- Upload or transmit any Content that may infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any party. By posting any Content, You represent and warrant that You have the lawful right to distribute and reproduce such Content.
- Impersonate any person or entity or otherwise misrepresent Your affiliation with a person or entity.
- Without The Vine's written permission, distribute or publish unsolicited promotions, advertising, or solicitations for funds, goods, or services, including junk mail and junk e-mail ("spam").
- Misrepresent facts historical and actual in the Christian Holy Bible (all approved editions).
- As a User of The Vine, should You or anyone using Your privileges, violate the terms of this agreement (as determined in The Vine's sole discretion), The Vine reserves the right to delete, move, or edit any such items, and The Vine may take other actions against You ranging from the issuing of a warning about a violation to the termination of User privileges without advance notice. Whether or not to take such actions at any time shall be at The Vine's sole discretion.
Web Site Security Rules
Users are prohibited from violating or attempting to violate the security of the Services, including, without limitation:
- Accessing data not intended for such User or logging into a server or account which the User is not authored to access.
- Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorisation.
- Attempting to interfere with service to any user, host, or network, including, without limitation, via means of submitting a virus to The Vine web site or network, overloading, "flooding," "spamming," "mail bombing," or "crashing"
- Sending unsolicited e-mail, including promotions and/or advertising of products or services; or
- Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil or criminal liability.
- The Vine will immediately terminate, without warning, any account which it believes, in its sole discretion has breached this section. The Vine will investigate occurrences that may involve such violations and may involve, and co-operate with, law enforcement authorities in prosecuting users who are involved in such violations. The Vine reserves the right to co-operate with any and all law enforcement agencies, including complying with warrants, court orders and subpoenas. The Vine is entitled to disclose to law enforcement agencies any information about You, the User, and anything You do with respect to The Vine site and its tools. By Your use of The Vine site and its tools, You authorise The Vine to take such action.
Notwithstanding any of these terms and conditions, The Vine reserves the right, without notice and in its sole discretion, to terminate a User's ability to access and use The Vine Site. The Vine does not provide mail or web page forwarding at termination. You may also terminate this Agreement and Your account by discontinuing Your use of The Vine Services.
The Vine policy respects the copyright and intellectual property rights of others. The Vine may remove content that appears to infringe the copyright or intellectual property rights of others. The Vine retains the right to immediately terminate, without warning, accounts of users who appear to infringe upon the copyright or intellectual property rights of others, and may remove any content from The Vine Service that may infringe the copyright of a third party.
The Vine's copyright agent for notice of claims of copyright infringement can be reached by e-mail at: firstname.lastname@example.org
If you believe that any content posted on The Vine web site, or any web site that is part of The Vine network, infringes any of your intellectual property rights or the intellectual property rights of any third party, you shall promptly provide the following notice in writing to the address listed above:
- 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 authored 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 authored to act on behalf of the owner of an exclusive right that is allegedly infringed. The Vine may change this address at any time by posting a notice to its web site.
You, the User will indemnify and hold The Vine, its parents, subsidiaries, affiliates, officers, and employees harmless, including costs and attorneys' fees, from any claim or demand made by any third party due to or arising out of the User's access to the Site, use of the Services, the violation of this Agreement by the User, or the infringement by the User, or any third party using the User's account, of any intellectual property or other right of any person or entity.
The Vine takes no responsibility and assumes no liability for any Content posted or uploaded by You or any third party, including, but not limited to, any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography, or profanity You may encounter. The Vine reserves the right, but not the obligation, to remove any materials it deems objectionable. You agree to hold harmless The Vine and its affiliates and parties with whom The Vine has contracted for purposes of communications made, or materials posted by others, or the use of third parties of this Site.
Any and all transactions entered into by the User on The Vine site or involvement by Users in promotions, including the delivery of and payment for goods and services, any stipulations, provisions, warranties, or representations related to such transactions or promotions are exclusively between You, the User and the Advertiser or other third party or Value Added Reseller. The Vine shall not be held accountable or liable for any part of any such transactions or promotions.
This Addendum shall contain, but shall not be limited to, the following terms and conditions:
- Only a License: You shall only be granted a license to the Services (including all of the services and software provided by The Vine or its third party suppliers) and other intellectual property rights. All licenses granted pursuant to this agreement will expire upon termination of this agreement.
- Ownership: This agreement shall not be interpreted to transfer any rights in any intellectual property from The Vine to You. The Vine or its licensors shall own all services, software, copyrights, and other intellectual property provided by The Vine in furtherance of this agreement.
- Warranty: The software and services provided by The Vine shall be provided "as is" and without warranty of any kind, including the implied warranties of merchantability and fitness for a particular purpose. The Vine does not warrant that its software or services will be error free or without interruption. The Vine does not guarantee or warrant that any content or data You may have in Your account will not be subject to inadvertent damage, corruption, or destruction. If any data, messages, images, or other content in Your account are stored by The Vine on its system and that media becomes damaged, lost, or corrupted in any way; The Vine will have no obligation or liability to You.
- Liability Limitations: Except as to indemnity, in no event shall The Vine, its suppliers, or any third parties mentioned on the web site be liable for any damages whatsoever including, without limitation, incidental and consequential damages, lost profits, or damages resulting from lost data or business interruption) resulting from the use or inability to use the services, whether based on warranty, contract, tort, or any other legal theory, and whether or not The Vine is advised of the possibility of such damages.
- Confidentiality: All information of either party that would be reasonably considered to be confidential shall not be disclosed or used by the other party except in furtherance of this agreement and to employees with a need to know such information.
- Governing Law: This agreement shall be governed by the laws of New Zealand and the United States of America.
Terms Specific To Advertisors
Please disregard this section if You are not an advertisor. You have expressed interest in becoming a advertisor with The Vine (hereafter referred to as "Advertisor"). There are additional privileges and responsibilities associated with this category. It is necessary that You carefully read the following addendum. In it are additional terms and conditions. If You do not fully accept the language in this addendum, you will not be able to become a Advertisor with The Vine. The terms and conditions of this addendum are non-negotiable. No changes (additions or deletions) will be accepted by The Vine.
- Application Hosting: Advertisor agrees that its web site will be served (hosted) by The Vine, with a URL redirect for the Advertisor web site address at the DNS level, if the Advertisor owns a Network Solutions provided URL. The Advertisor has the right to secure, on a first come first served basis, the file structure name that corresponds directly with their ministry or church's name (e.g., AdvertisorName.thevinetoday.com).
- The Vine Legend: The Advertisor agrees to a The Vine legend to be placed at the top of each Advertisor Web page. The legend will contain several links to The Vine areas of general interest and will be accompanied by a statement similar to the following: "Part of The Vine Network."
- Sublicensed Content: You agree that content You put on Your web site may be sublicensed through The Vine as a bundle to third parties. The scope of such sublicensing of content (and sublicenses of such content) provided by You shall be in The Vine's sole discretion.
- Future Services: Services in this Addendum or later developed and provided will be classified as "Royalty Free Service" or "Royalty Based Services." Royalty Free Services are Services that The Vine provides at no charge to the Advertisor during the Term. Royalty Services are Services that The Vine may provide to the Advertisor, at Advertisor's option, and will require that the Advertisor pay a services fee, a transaction fee, or any other mutually agreed to financial exchange.
- Publicity: Advertisor agrees that The Vine may use its name (or trademark) in a press release announcing the launching of The Vine services.