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Terms of Use

Welcome to the Single Matters magazine website at SingleMatters.com (“Single Matters” and “Site”) which is owned by Jill Monaco Ministries, a 501(c)(3) organization. This Site is operated by Jill Monaco Ministries, and materials on this Site are owned, for the most part, by Jill Monaco Ministries. The Site may include goods and services (“Service”) and may also include materials by third parties (“Third Party”) posted on the Site by virtue of a license, grant or some other form of agreement between the third party and Jill Monaco Ministries.

1. USE OF THIS SITE.

PLEASE CAREFULLY REVIEW THE TERMS OF USE OF THIS SITE AND THE TERMS OF OUR PRIVACY POLICY BEFORE USING THIS SITE OR ANY OF OUR SITES, OR ANY GOODS OR SERVICES FROM ANY OF OUR SITES.

By using this Site, including downloading or accessing Materials, ordering products or otherwise using the Service, you agree to be bound by, and acknowledge your acceptance of, all of the provisions of these Terms of Use. From time to time, we may update these Terms of Use. We encourage you to periodically review these terms for any material changes. You agree to be bound by all of the provisions of these Terms of Use that are displayed on the Site on the date you use the Site and/or any part of the Service, even if such provisions have been modified, altered or deleted since you last used the Site or any part of the Service. Your use of the Site, and/or any part of the Service, indicates your acceptance of all of the provisions of these Terms of Use that are displayed on the Site on the date of such use.

1.1 Access and Use.

All Materials contained in this Site are protected by international trademark and copyright laws and must only be used for personal, non-commercial purposes. This means that you may only view or download material from this Site for your own use and you must keep all copyright and other proprietary notices attached to the downloaded material.

The reproduction, duplication, distribution (including by way of email, facsimile or other electronic means), publication, modification, copying or transmission of material from this Site is STRICTLY PROHIBITED unless you have obtained the prior written consent of Single Matters or unless it is expressly permitted by this Site. The material covered by this prohibition includes, without limitation, any variations of written content, any text, graphics, logos, photographs, audio or video material or stills from audiovisual material available on this Site. The use of Materials from this Site on any other website or networked computer environment is similarly prohibited.

Requests for permission to reproduce or distribute Materials found on this Site can be made by contacting Single Matters in writing at:

Web Editor, Jill Monaco Ministries – Single Matters, P.O. Box 92351, Southlake, TX 76092 or editor@singlematters.com. 

You are also strictly prohibited from creating works or materials that derive from or are based on the Materials contained in this Site including, without limitation, any written content, fonts, icons, link buttons, wallpaper, desktop themes, online postcards and greeting cards and unlicensed merchandise. This prohibition applies regardless of whether the derivative materials are sold, bartered or given away.

2. DESCRIPTION OF SITE AND THE SERVICE.

We may provide, through the Site, Services that include without limitation the:

(a) provision of the Site and other online services and Internet sites;

(b) display, provision and use of information such as educational, promotional, product, pricing, marketing or other valuable information (“Information”);

(c) display, performance, provision and use of copyrighted works, photographs, text, music, video, sound, graphics, messages and other Materials, including Our Materials and Third-Party Materials (“Content”);

(d) use and display of our Trademarks and Trademarks of Third Parties;

(e) interactive communication through blogs, social networks, comments and other media; and

(f) offering of products and services for sale, license, distribution or use.

You can contact us about this Site or about accessing and changing any personal information you provide at this Site through contact information contained on the Site.

3. OWNERSHIP OF INTELLECTUAL PROPERTY OF THIS SITE AND MATERIALS.

3.1 Copyright and Intellectual Property Ownership.

Single Matters Trademarks, the Content, and other Information displayed and posted on, contained in and/or provided in connection with, the Site and/or the Service are owned by Jill Monaco Ministries. Also, third parties have allowed us to post or use their Materials and Trademarks on the Site (“Third-Party Materials”). We refer to Our Materials and Third-Party Materials collectively as the “Materials.”

The Intellectual Property Rights of these Materials include the Materials that are displayed on, or contained in, the Site, and/or utilized in conjunction with the Service, together with their design and layout, and elements that are protected by trade dress, trademark, copyright or other laws. We exclusively own, or have the right to license, all intellectual property and proprietary information and know-how relating to, incorporated within, or associated with the Site, including without limitation the copyright in the Site and all of the web pages thereof. We maintain all of the web pages as a collective work under the United States copyright laws. By using or accessing the Site or Services you acknowledge and agree:

(a) that we reserve all rights that we do not expressively grant to you;

(b) that you have no rights or interest in any Content, Information, Materials and any other intellectual property or proprietary information and know-how displayed on, relating to, incorporated within, associated with, or used in connection with, the Site and/or the Service, except as expressly set forth in these Terms of Use, and

(c) that you will acquire no rights in the foregoing by accessing or using any of  the Site and/or any part of the Service.

We reserve all rights that we do not expressly grant to you.

3.2 Copyright Notice.

Our Materials contained on the Site are copyrighted Materials of Jill Monaco Ministries.

Copyright © 2015 Jill Monaco Ministries.

3.3 Ownership of Third-Party Materials.

Third-Party Materials are owned, or licensed by the owner thereof, and, where necessary, we use such Third-Party Materials with the permission of the owner. Unless we expressly indicate in these Terms of Use, you have no rights or interest in any Third-Party Materials. All rights relating to these materials are reserved to their owner.

3.4 Trademarks.

The term “Single Matters Trademarks” means all names, marks, brands, design marks, slogans, logos, designs, trade dress and trade names that Single Matters uses as trademarks, trade names or service marks, as displayed on the Site and/or used in connection with the Service. All other trademarks, brand and product names displayed on the Site, and/or used in connection with the Service, are trademarks, trade names or service marks of their respective owners. You agree not to display, use (including co-branding your owns goods or services with Single Matters Trademarks), remove, or alter Single Matters Trademarks without our prior written consent, which we may withhold or condition in our sole discretion. You further agree that any use by you, or on your behalf, of Single Matters Trademarks, and the goodwill associated therewith, shall inure to the benefit of Single Matters.

3.5 Software.

You do not have any rights or interest in any product, process, software or technology used in connection with the operation, display and/or provision of the Site or the Service (collectively, the “Software”). You do not acquire any rights or interest in any of the Software by virtue of your access or use of any of the Site and/or any part of the Service. All Intellectual Property Rights and proprietary rights associated with the Software are exclusively reserved to us or the owner thereof, and no part of the Software is licensed to you.

4. RESTRICTIONS ON USE OF CONTENT, MATERIALS AND MARKS.

4.1 Use of Site.

Your use of the Site is strictly and exclusively limited to personal, non-commercial use. Your use is also subject to our Intellectual Property Rights and those of Third Parties. Except as expressly authorized by us in these Terms of Use, you agree that:

(a) you will not reproduce, edit, modify, rent, license, sell, distribute, mirror, republish, download, transmit or create derivative works from any Materials displayed on, or made available through, the Site or in connection with the Service, in whole or in part, by any means now known or later developed;

(b) you will not modify, decompile or reverse engineer any part of the Software;

(c) you will not copy, post or transmit any Materials that you receive from, access or retrieve from the Site or through the Service, to any server, or network of computers;

(d) you will not remove or modify any copyright or trademark notice, or other notice of ownership, displayed on, or affixed to, any Materials, including any copies of the Licensed Materials that you download and/or distribute; and

(e) you will not frame the Site within a mark other than that of Our Organization.

4.2 Proper Notice Required.

Any authorized uses of Our Materials, including any authorized reproduction, transmission, broadcast or adaptations permitted under these Terms of Use, must contain the following Copyright notice:

Copyright © 2015 Single Matters. Used by permission.

All other Copyright notices and Trademark notices should be maintained and displayed, as displayed on the Site or on the relevant work, or as otherwise instructed by us.

5. LIMITED LICENSE FOR DOWNLOADABLE MATERIALS.

5.1 Downloadable Materials.

Certain materials on the Site are identified as being downloadable (“Licensed Materials”). You may download one copy of these materials subject to the restrictions herein. To this end, we grant to you a limited, non-exclusive, non-transferable, non-sublicenseable license to view, print and make one copy, without alteration, of the Licensed Materials for only informational, educational, non-commercial, personal purposes (the “License”). You may use the Licensed Materials only in the format in which we make them available on the Site for download, and only in authorized distributions. Further, the License is subject to additional restrictions:

(a) you may not charge or collect any Distribution Fee for the distribution of any of the Licensed Materials;

(b) all copyright, trademark or other proprietary notices that appear on the Licensed Materials, together with the permission notice, must appear on all copies of the Licensed Materials that you make or distribute;

(c) no graphics comprising part of the Licensed Materials may be used, copied or distributed separate from accompanying text;

(d) the Licensed Materials may not be used in connection with, or relation to, any fundraising activities;

(e) the Licensed Materials may not be used in a manner that suggests an association with or endorsement by us, or any of our products, services or brands; and

(f) you may not download quantities of Licensed Materials to a database that can be used to avoid future downloads of any of the Licensed Materials from the Site.

5.2 Download of General Content.

For the materials not clearly identified and intended as downloadable materials (“General Content”), we grant to you a limited, non-exclusive, non-transferable, non-sublicenseable license to print and make one copy, without alteration, to be used for informational, non-commercial, private or personal purposes only, unless specifically allowed on the Site. You shall not copy any of the Materials or Content on the Site onto another website unless otherwise authorized. You may, however, access the Materials or Contents of our Site through a hyperlink.

5.3 Reservation of Rights.

We reserve any rights not expressly granted herein.

5.4 Termination of License.

We may terminate the License at any time by providing notice of termination on the Site or directly to you as a user. Further, the License shall automatically terminate without notice if you breach any of the terms or conditions of the License or these Terms of Use. Upon termination of the License, you agree to immediately destroy, and cease all use or distribution of, any downloaded, printed or electronically stored copies of the Licensed Materials or General Content.

6. PERSONAL INFORMATION AND PRIVACY OF INFORMATION

6.1 Provision of Your Personal Information.

As a user of the Site, you can visit certain areas of the Site without revealing any information about yourself. In other parts of the Site, you may be required to provide information for certain purposes, including registering for a Service, completing a transaction, making a donation, sending correspondence, and/or or gaining access to a portion of the Site or part of the Service. Any information you provide to the Site is referred to as the “Registration Data.”

We encourage you not to use, submit or provide any personal or sensitive information beyond what is requested or required for your transactions with us or with Third Parties. We shall have no responsibility for use, misuse, loss or alteration of any information (including Registration Data) provided by you. This includes any Information, Content, Materials or ideas that you provide without our request.

6.2 Accuracy of Personal Information. 

When using the Site, you agree to:

(a) provide true, accurate, current and complete information about yourself in Registration Data or otherwise;

(b) maintain the security of all passwords, user identification data, and other unique identifiers established in connection with your use of any part of the Site and/or the Service, including any Forum (defined below) (each a “Password”); and

(c) maintain and promptly update the Registration Data, and any other information you provide, to keep it true, accurate, current and complete.

If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your access to the Site, and to refuse any and all current or future access to, or use of, the Site and the Service.

6.3 Privacy.

Any Registration Data and certain other information about you that we obtain from you through use of the Site is subject to our Privacy Policy. For more information, see our full Privacy Policy.

6.4 Use by Minors.

This Site is a general audience site, not directed or targeted to children, and Single Matters does not knowingly collect personally identifiable information from children under the age of 13. Any information collected online by Single Matters from children under 18 is used only for the purpose of delivering the requested product or service. Please instruct your children to ask you for permission before providing any information about themselves to Single Matters, and visit the Federal Trade Commission website for more information about safe web surfing.

7. GENERAL USE RULES.

To facilitate everyone’s enjoyment of the Site, we have set out our General Use Rules for you here. Generally speaking, these rules simply require respect and good manners. Think before you post, use common sense, and you will feel right at home. Remember that anyone may read your post, including your family, friends and employer.

The term “Forum” means a blog, social network, comments, email or other function that allows you to provide information or interact with others offered as part of the Site. Portions of the Site may allow users to post their own material. The materials posted by users do not necessarily reflect our views, and we shall not be liable for any user information posted or displayed on, or uploaded onto, any part of the Site, including any Forum.

Our General Use Rules for the Site are as follows:

(a) No Obscenity. We do not allow obscene, racist, vulgar, discourteous, indecent or sexually explicit language or images. You agree not to post, upload, email, transmit, distribute, or otherwise make available, any such content or materials onto the Site, including any forum.

(b) No Posting or Communication of Infringing Material or Harassing Communications or Advertisements in Forums. You also agree not to post, communicate, upload, email, transmit, distribute or otherwise make available:

1. any material or Content that infringes upon and/or violates any right of a third party (including its intellectual property and proprietary rights) or any law; and

2. any advertisements for products or services, “junk mail,” spam, chain mail, pyramid schemes or other form of solicitation.

(c) No Commercial Uses. You agree not to use the Forum or the Site for commercial purposes of any kind except in areas designated by Single Matters for commercial use, such as Classified Advertising.

(d) No Harm to Minors. You agree not to harm, or attempt to harm, lure or deceive minors in any way.

(e) No False Identity. You agree not to create a false identity for the purpose of misleading others.

(f) Do Not Collect or Store Personal Data. You agree not to collect or store personal data about other users.

(g) No Off-topic Discussion. You agree to keep your discussion on-topic according to the subject of the particular article or blog in which you participate and will not attempt to turn the discussion to fit your personal agenda.

(h) No Virus or Disabling Software. You agree not to post or distribute any software or other materials that contain a virus or other harmful component.

(i) No Interference with the Site or Service. You agree not to interfere with, or disrupt, the operation of the Site and/or the Service, or with servers or networks connected to, or used in connection with the operation of, the Site.

(j) Obey Requirements. You agree not to disobey any requirements, procedures, policies or regulations established by the owners or operators of any networks, hardware or software connected to, or used in connection with the operation of, the Site, or any requirement that we post on the Site.

(k) Respect Privacy of Others. You agree to respect the privacy of others. You agree not to post or disclose phone numbers, addresses, Social Security numbers or any other private information, relating to any other person.

(l) Report Problems. You may report possible violations of these Rules, including a copy of the offending post and the name and URL of the article or blog where it occurs, to editor@singlemattersmagazine.com.

8. INTERACTIVE PARTICIPATION AND USER-POSTED INFORMATION AND CONTENT.

8.1 Truthful Participation and Assumption of Risk in Interactive Communications.

Through our site, you may participate in a number of interactive communication activities including blogs, social networks, comments, email and other means of interactive communication with other participants (“Interactive Communication”). When participating in an Interactive Communication, you will be wise not to assume that people are who they say they are, know what they say they know or are affiliated with whom they say they are affiliated with. We cannot be, and we are not, responsible for the content or accuracy of any information provided or posted in any Interactive Communication.

You participate at your own risk when participating in, or engaging in any activity relating to, the Site and/or the Service (including any Interactive Communication). You expressly assume and take full and sole responsibility at your own risk for:

(a) all postings using, or made under, your Passwords or Your Accounts; and

(b) any use of any Information, Content, Materials, and any other information or materials provided or displayed on, or contained in, the Site (including in any Forum).

The materials posted by users do not necessarily reflect our views. We take no responsibility for the content or opinions posted in any Interactive Communication and we are not liable for any user information posted or displayed on, or uploaded onto the Site, including any Forum.

8.2 Posting Materials to Site.

By posting materials to or communicating with other participants on the Site or in an Interactive Communication, you represent and warrant to us that:

(a) you have all necessary rights in and to such materials, and that the posting of such materials will not infringe on any personal or proprietary rights of any third party, including its intellectual property rights; and

(b) such materials are not harmful, defamatory, unlawful, threatening, obscene, lewd, lascivious, harassing and/or contrary to the principles, tenets and Mission Statement and Statement of Faith for Our Organization.

8.3 Right to Remove or Block Postings or Interactive Communications.

You agree that we are not liable for postings and Interactive Communications that are provided by others. We have no duty to pre-screen postings or Interactive Communications, but we have the right to refuse to post or to edit submitted postings or Interactive Communications. We reserve the right to remove postings or Interactive Communications for any reason, but we are not responsible for any failure or delay in removing such material.

We reserve the right to remove, at our sole discretion, any and all postings and Interactive Communications (and all related materials), including those that we consider, in our sole discretion, to be:

(a) defamatory or disparaging of, or insulting to, any person or entity;

(b) abusive or hateful;

(c) obscene, lewd or vulgar;

(d) contrary to, or inconsistent with, the principles and tenets of our Mission Statement or Statement of Faith for Our Organization; or

(e) harassing or that might be construed as stalking, or any postings that might otherwise be illegal or relate to illegal activity, and we may make them available to the proper law-enforcement officials.

8.4 Ownership in Posted Material.

By uploading or communicating any materials, ideas or submissions to this Site, including any Forum, or submitting any materials to us in any other manner, you automatically grant (or warrant that the owner of such materials expressly granted) to us a perpetual, royalty-free, irrevocable, nonexclusive right and license to use, reproduce, modify, adapt, publish, translate, publicly perform and display, create derivative works from and distribute such materials, or to incorporate such materials into any form, medium or technology now known or later developed throughout the universe. In addition, you warrant that all so-called “moral rights” in those materials have been waived. You agree that we own any derivative works, improvements or other materials, works, ideas, intellectual property and/or products created from, based on, or related to, our access to, or use of, any materials you provide.

9. LINKS TO THIRD-PARTY WEBSITES.

9.1 Linking To Third-Party Sites from Our Site.

From time to time, we may provide links on this Site that will allow you to connect with websites of third parties that are not under our control. We are providing these links only as a convenience to you. Further, there may be times while on this Site that you could be directed to sites that are beyond our control. This includes links from other ministries, sponsors or volunteers that may use our logo(s) as part of an agreement with us. These other sites may send their own cookies to users, collect data, solicit personal information or contain information that you may find inappropriate or offensive.

9.2 No Warranties.

We make no representations or warranties concerning the content of, or the privacy practices of, websites that are not this Site, even if we provide links to such websites on this Site. Consequently, we accept no responsibility for, and we expressly disclaim any warranties or liability relating to, the accuracy, relevancy, copyright compliance, legality or decency of materials displayed on, or contained in, websites linked to, or to which you are directed from, this Site. You access and use such websites, and the products and services provided in connection therewith, at your own risk. We encourage you to review the Terms of Use and privacy statements posted on any third-party website, or to contact the operator of the website prior to using, or providing any information on, such third-party website.

9.3 No Endorsement.

Links to other websites do not imply an endorsement of the materials, products, content, ideas or Interactive Communications displayed on, or disseminated at or through those websites, nor does the existence of a link to another website imply that the organization or person publishing at that website endorses any of the materials or ideas at this Site. We reserve the right to disable links from third-party sites to this Site at any time without prior notice.

9.4 Rules for Linking to Our Site.

We may provide the option for you to post a link to our Site from your website or other third-party websites.

If you link to a Single Matters copyrighted article on our Site, we grant you the right to post a maximum of 50 words (per Fair Use standards) of the copyrighted article along with the link to the full article on our Site. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance of the Content on this Site is strictly prohibited. We do not grant you the right to link to any third-party Content on our Site.

We reserve the right, at any time and without prior notice, to ask you to remove the link should we determine it to have a negative effect on our Site, search engine results or other negative impact on our visitors. You agree to remove the link immediately upon request.

10.  SALES, DONATIONS, SUBSCRIPTIONS AND FEES

10.1 Third-Party Sales.

We make no representations with respect to the availability or quality of any products, materials or services that you purchase from a third-party website that links to or from any of our sites, or as a result of third-party Content (including advertisements or sponsorships) posted, displayed or included on any of our sites. We do not endorse any of the products, nor have we taken any steps to confirm the accuracy or reliability of, any of the information contained in such third-party sites or content (including advertisements).

You hereby irrevocably and forever release and waive (on behalf of yourself and your heirs, personal representative and permitted assigns) any claim against us relating to, or arising out of:

(a) the operation or display of any third-party websites and third-party Content, whether or not such websites and Content are accessible through, or displayed on, any of our sites;

(b) your access or use of any third-party website or third-party Content; and

(c) any and all products or materials that you purchase from any third-party website, even if such product is advertised on any of our sites.

We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with the operator or owner of a third-party website or the publisher or owner of any third-party Content displayed on the site.

10.2 Ownership of Third-Party Materials.

Third-Party Materials are owned, or licensed by the owner thereof, and, where necessary, we use such Third-Party Materials with the permission of the owner. Unless we expressly indicate in these Terms of Use, you have no rights or interest in any Third-Party Materials. All rights relating to these materials are reserved to their owner.

10.3 Donations.

Donations made through our Site are verified, secure and confidential. As with any tax-deductible charitable contribution, any electronic giving made through our Site by credit card or electronic transfer is considered made and irrevocable at the time the contribution is submitted on our Site. For further information or questions concerning donations, you may contact us at info@singlemattersmagazine.com.

10.4 Credit Cards.

We take the issue of your privacy seriously. All credit card information submitted is protected by SSL (Secure Sockets Layer) encryption, the recognized standard of the online industry. We do not share your credit card information with anyone else, except as described in our Privacy Policy, which we encourage you to read each time you visit our Site.

10.5 Subscriptions, Fees and Billing.

Some services offered on our Site may require a subscription or fee to receive Services (“Subscribed Services”). If you open an account for Subscribed Services you hereby agree to pay all charges to such account, including applicable taxes, in accordance with billing terms in effect at the time the fee or charge becomes payable and following all rules of the subscriptions. We reserve the right to change the amount of, or basis for determining, any fees or charges for services we provide, and to institute new fees, charges or terms effective upon notice to you at the email address you provide when establishing your account. We reserve the right to terminate your account(s) at any time for any reason.

10.5.1 Subscribed Services

Subscribed Services will contain rules for payment, use and termination of the Subscribed Services. You agree to adhere to all such rules in using the Subscribed Services.

10.5.2 Renewal.

Your subscription for each Subscribed Service will be automatically renewed, and your credit card account will be charged on the same time and cost basis as the prior subscription period unless a Site, your terms of service, your subscriber welcome letter or other communication from us indicates otherwise. If you subscribe to a Site at an introductory or discounted rate, our Site, welcome letter or other communication will inform you of the regular subscription rate, which you will be charged upon automatic renewal.

11. DISCLAIMERS.

11.1 Use of the Site.

Your use of the Site, the Service, all Content, all Information, and all Materials are offered on an “as is” basis, “with all faults,” and “as available,” without any warranties whatsoever, either express or implied, to the fullest extent permissible under applicable law. We expressly disclaim all warranties, express or implied, relating to the Site, all Information, Content, Materials, the software and the Service, including, without limitation, implied warranties of merchantability, fitness for a particular purpose and non-infringement of third-party intellectual property rights. We do not warrant that the functions contained in the Site and/or the Service will be uninterrupted or error-free; that defects or errors will be corrected promptly or at all; and/or that any of the Site, Information, Content, Materials, the Service (and/or any software, server, computer, hardware, or network relating to the operation, or hosting of, any of the foregoing) will be free of viruses, errors or harmful components. Applicable law may not allow the exclusion of implied warranties, so the above exclusions may not apply to you. We assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any communications or materials posted on the Site or in any forum.

11.2 Warranties.

We expressly disclaim any warranties, representations or responsibility for the accuracy or completeness of any Information, Content and Materials contained, displayed or posted on the Site or otherwise available through our Site, or on sites that link to or from the Site. All such Information, Content and Materials are subject to change without notice. We do not warrant, or make any representations with respect to, the use, or the results that may be achieved through such use, of any of the Site, any part of the Service, and/or any Information, Content and/or Materials.

11.3 Termination.

At any time and without notice, we may, for any reason whatsoever and without incurring any liability or obligation to you or any other party, terminate or suspend the display, operation and/or provision of:

(a) the Site (or any part thereof, including any Content, Information and/or Materials);

(b) any part of the Service; and/or

(c) your access to the Site or any part of the Service.

11.4  Information Accuracy.

While we will make reasonable efforts to provide accurate and timely information on the Site, you should not assume that the Information provided is always up to date, accurate and/or complete, or that the Site contains all of the relevant information available.

12. LIMITATION OF LIABILITY.

In no event and under no circumstances shall we be liable for any damages, including without limitation, direct, indirect, incidental, special, consequential, punitive or exemplary damages that result from your use of, or inability to use, the Site, any Information, any Content, any Materials and/or the Service, or any part thereof, even if we have been expressly advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitations or exclusions may not apply to you. In no event shall our total liability to you for all damages, losses and causes of action (whether in contract, tort, including, but not limited to, negligence, or otherwise) exceed the amount paid by you to us, if any, for accessing or using any of the Site and/or for using the Service, or any part thereof. If you are dissatisfied with any aspect of the Site and/or the Service, if you do not agree with any provision of these Terms of Use, or if you have any other dispute or claim with or against our organization with respect to these Terms of Use, any aspect of the Site and/or the Service, and/or your use of the Site or any part of the Service, then you acknowledge and agree that your sole and exclusive remedy is to discontinue accessing and/or using the Site and/or the Service.

While Jill Monaco Ministries does its best to ensure the optimal performance of the Site, you agree that you use this Site and rely on material contained in this Site at your own risk.

The Site, and all Materials in this Site, are provided “as is” and, to the fullest extent permitted by law, are provided without warranties of any kind either express or implied. This means, without limitation, that Jill Monaco Ministries DOES NOT WARRANT that the Site is fit for any particular purpose; that the functions contained in the Materials in the Site will be uninterrupted; that defects will be corrected; that the Site is free of viruses and other harmful components or that the Site is accurate, error free or reliable.

You acknowledge that Jill Monaco Ministries and third-party Content providers, their parents and affiliates together with their respective employees, agents, directors, officers and shareholders, ARE NOT LIABLE for any delays, inaccuracies, failures, errors, omissions, interruptions, deletions, defects, viruses, communication line failures or for the theft, destruction, damage or unauthorized access to your computer system or network.

You acknowledge that Jill Monaco Ministries is not liable for any defamatory, offensive or illegal conduct or material found in connection with this Site, including such conduct or material transmitted by any means by any other person.

You acknowledge that Jill Monaco Ministries and third-party Content providers are not liable for any damages, including, without limitation, direct, incidental, special, consequential or punitive damages, in connection with or arising from your use or from your inability to use the Site.

13. INDEMNITY.   

You are entirely responsible for maintaining the confidentiality of all passwords and all accounts that you establish in conjunction with your use of our Site or the Service (“Your Account”). You are solely responsible for all activities that occur under, or relating to, your password and Your Account, and for your use of any of our Site and any part of the Service.

You hereby agree to indemnify, defend and hold us, our third-party providers, their parents and affiliates together with our respected officers, employees, directors, shareholders, owners, agents, information providers, licensors and licensees (collectively, the “Indemnified Parties”), harmless from and against any and all liabilities and costs (including reasonable attorney’s fees) incurred by the Indemnified Parties in connection with any claim arising out of, or relating to:

(a) any breach by you of these Terms of Use;

(b) any unauthorized use by you of any Information, Content, Materials, our Site or any part of the Service;

(c) delays, inaccuracies, failures, errors, omissions, interruptions, deletions, defects, viruses, communication line failures or for the theft, destruction, damage or unauthorized access to your computer system or network;

(d) your breach or alleged breach of this Agreement or your breach or alleged breach of the copyright, trademark, proprietary or other rights of third parties;

(e) your use or failure to use our Site and/or any part of the Service; and

(f) all activities relating to, or conducted under, your password and/or Your Account.

You shall use your best efforts to cooperate with us in the defense of any such claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any claim against you or use that is subject to indemnification by you. You agree that in the event of any unauthorized use of our Site, any Information, Content, Materials and/or any part of the Service, we shall be entitled to obtain an injunction proscribing such unauthorized use, without the necessity to post bond, and in addition to any other remedies available at law or in equity.

14. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT.

We are committed to respecting the intellectual property rights of other parties, and we ask you, and the other users of our Site and the Service, to do the same. Pursuant to Title 17, United States Code, Sections 512(c)(2) and (3), notifications of claimed copyright infringement for materials displayed, or available, on any of our Site should be sent to Our Organization’s Designated Agent: Web Editor, Jill Monaco Ministries – Single Matters, P.O. Box 92351, Southlake, TX 76092 or editor@singlemattersmagazine.com. 

To be effective, the notification must be in writing and contain the following information (DMCA, 17 U.S.C. §512(c)(3)):

(a) Physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

(b) 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;

(c) 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 the service provider to locate the material;

(d) Information reasonably sufficient to permit the service provider 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;

(e) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law;

(f) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

15. TERMINATION.

These Terms of Use, as may be modified from time to time by us without notice, are effective until we provide notice of termination thereof on our Site. You agree to be bound by the Terms of Use as displayed on the Site at the time you use the Site and/or any part of the Service provided in connection therewith. You may not terminate any provision of these Terms of Use. Your sole and exclusive remedy in the event that you no longer desire to be bound by any of the provisions of these Terms of Use is to discontinue your access and use of our Site and the Service, and to destroy all Materials and other items obtained from the Site, whether pursuant to the License, or otherwise, together with all related documentation and all copies and installations thereof, except for purchased products. We may terminate your access to our Site, and/or any part of the Service, at any time in our sole discretion, and we reserve the right at any time to discontinue the operation of the Site, and/or the provision of any part of the Service. We may immediately terminate your right to access and/or use our Site and/or the Service, without notice, if, in our sole discretion, you fail to comply with any provision of these Terms of Use.

16. GENERAL PROVISIONS.

You acknowledge and agree that the unauthorized use of our Site, Information, Content, Materials and/or any part of the Service could cause irreparable harm to us and/or organizations or individuals that may be associated with us. Accordingly, you agree that that in the event of any unauthorized use of our Site, any Information, Content, Materials and/or any part of the Service, we shall be entitled to obtain an injunction proscribing such unauthorized use, without the necessity to post bond, and in addition to any other remedies available at law or in equity.

16.2 Amendments.

These Terms of Use, as may be amended by us from time to time, constitute our entire agreement with respect to your use of our Site and the Service. These Terms of Use supersede all prior agreements, understandings and representations between us with respect to your use of our Site and the Service. You cannot amend or alter the terms of these Terms of Use.

16.3 Right of Transfer.

These Terms of Use, including the License, are personal to you, and neither can be assigned by you. You agree not to allow any other person to access and/or use our Site or the Service unless such other person agrees to be bound all of the provisions of these Terms of Use. You further agree to assume all responsibility and liability arising from any third-party access to, or use of, our Site and/or the Service:

(a) using, or under, any of Your Accounts, or any of your passwords; and

(b) that you permit, knowing that such third party has not agreed to be bound by all of the provisions of these Terms of Use.

16.4 Unsubscribe.

We may at times send you information by email that we believe will be of interest to you. If you register at any of our Sites, and you do not want to receive emails from us, please let us know by following the unsubscribe instructions included in the message received or contacting us through information on the Site.

 16.5 Binding Terms.

If any provision of these Terms of Use is finally found by a court of competent jurisdiction to be void, invalid, unenforceable or otherwise contrary to law or equity, the remaining provisions of these Terms of Use that can be given effect without such void or unenforceable term or provision, shall be given full effect and binding on the parties.

 16.6 Provisions.

Our failure to enforce strict performance of any provision of these Terms of Use, or to penalize any violation by you of these Terms of Use, shall not constitute a waiver of our right to subsequently enforce such provision or any other provision of these Terms of Use, or to penalize you for any further violations of any provision of these Terms of Use.

 16.7 Jurisdiction. 

These Terms of Use shall be governed by, and construed in accordance with, the laws of the State of Texas, without giving any effect to any principles of conflicts of law. You agree that any action at law or in equity, and/or any claim arising out of or relating to these Terms of Use, our Site, the Service, and/or your access, and/or use, of our Site or the Service, shall be filed and litigated only in the state or federal courts located in Tarrant County, Texas. You hereby consent and submit to the exclusive personal jurisdiction of such courts for the purposes of litigating any such action or claim.

16.8 Enforcement of Terms.

All of the provisions of these Terms of Use, which by their nature, survive the termination of these Terms of Use, shall so survive, including without limitation, the provisions of Paragraphs 3, 4, 5, 6, 8, 9, 10 and 11.

This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.

The Terms of Use posted on this website were updated on or about May 25, 2013.

 

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