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Terms and Conditions
(Effective October 15, 2004; last modified July 21, 2010)
Amen, Sister!, LLC , TOUCHEDBYTHEHANDOFGOD.COM , ISITODDORISITGOD.COM and/or OMGSTORIES.COM thank you for visiting this Site, herein referred to as “the Site.“
PLEASE
READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEB
SITE. By accessing or using the Site, you agree to these Terms and
Conditions, including the Disclaimers set forth below. If you are not
willing to be bound by these Terms and Conditions, including the
Disclaimers, you should not access or use the Site.
Changes to Terms and Conditions
We
reserve the right, at our discretion, to modify, add, or remove
portions of these Terms and Conditions at any time and each such change
shall be effective immediately upon posting. The effective date of
these Terms and Conditions is noted under the "Terms and Conditions"
heading above. Please check these Terms and Conditions periodically for
changes. Your continued use of this Site following the posting of
changes to these Terms and Conditions will mean you accept those
changes. Restrictions to Use of Materials
The
contents of this Site are protected by copyright and trademark laws,
and are the property of Amen, Sister!, LLC, and/or third party
licensors. - Nothing
contained in this Site should be construed as granting any license or
right to use any trademark, logo, trade name, or design displayed on
this Site without the prior written permission of Amen, Sister!, LLC.
- You
may access the materials located within the Site only for your personal
use, unless you obtain prior written consent from us. To request such
permission, you may reach us by clicking on the Contact Us link
located at the bottom of this page. We must require this procedure in order to keep the material from being altered or misused, whether inadvertent or intentional.
- You
may download one copy of posted materials on a single computer for
personal, noncommercial home use only, provided that (i) you keep
intact all copyright and other proprietary notices, (ii) you make no
modifications to the materials, nor change nor delete any author
attribution, trademark, legend or copyright notice, (iii) you do not
use the materials in a manner that suggests an association with any of
our products, services, or brands.
- The use of any material
from the Site on any other Web site or computer environment is
prohibited without the prior written permission of Amen, Sister!, LLC. This is necessary in order to keep the material from being altered or misused, whether inadvertent or intentional.
- When you download copyrighted material, you do not obtain any ownership rights in that material.
- If
you wish to link any other Web site to this Site, or reference
hypertext documents on this Site from another Web site or document,
including e-mail, you must first obtain prior written consent from us.
- You must abide by all additional notices or restrictions contained in the Site.
- Unauthorized
use of the materials will violate intellectual property rights. Only
with prior written consent from us may you publish, display, transmit,
post, copy, adapt or exploit any material from the Site.
Amen,
Sister!, LLC reserves the right at any time and in its sole discretion
to change or revoke any authorization granted above. In such
circumstances or if you violate any of the provisions of these Terms
and Conditions, your permission to use the materials automatically
terminates and you must immediately destroy any copies you have made of
the materials.
Disclaimers
The content that appears on our Site is for informational and inspirational purposes only.
Much
of the content you find on this Site was created and submitted by
others in the form of first-person stories or articles. Although we
carefully screen and edit these stories and articles, we cannot
guarantee their accuracy or authorship. And despite our careful efforts
to provide useful and accurate information, errors may appear from time
to time.
Therefore, Amen, Sister!, LLC makes no warranty as to
the accuracy, origin, reliability, completeness, timeliness,
usefulness, adequacy or suitability of the information, links or
communications provided on or through the use of this Site and does not
warrant against human, machine or software error, omissions,
interruptions, delays or losses, including loss of any data or the
legality of the Site or compliance with respect to laws governing the
products, services or promotions offered on this Site, nor does Amen,
Sister!, LLC warrant that the aforementioned will be corrected to your
satisfaction.
As with virtually all Web sites, the use of this
Site and the information on it is at your own risk. When using this
Site, information will be transmitted over the Internet, a medium over
which Amen, Sister!, LLC has no control or jurisdiction. Therefore,
Amen, Sister!, LLC does not assume any liability for or relating to the
delay, failure, interruption, loss or corruption of any information
transmitted in connection with the use of this Site.
While we
make extensive efforts to prevent such occurrences, Amen, Sister!, LLC
cannot and does not guarantee or warrant that any files or information
available for downloading will be free of infection, worms, Trojan
horses, viruses or other code(s) that may contain contaminating or
destructive properties. Therefore we do not assume any cost for
necessary servicing, repair or correction to your computer or property
resulting from any such downloading.
The services, materials,
information and products on this Site are provided without charge and
are provided on an "As Is" basis. To the fullest extent permitted by
law, Amen, Sister!, LLC disclaims all warranties, either express or
implied, statutory or otherwise, including, but not limited to, implied
warranties of merchantability and fitness for a particular purpose, or
non-infringement of third party rights.
Though we hope the
advertisers and merchants you meet through our Site treat you honorably
and fairly, we cannot vouch for the information they provide, nor can
we endorse, warrant or guarantee any products goods, or services they
offer. We are not a party to, and do not monitor, any transaction
between users and third party providers of products or services.
Limitation of Liability
Under
no circumstances, including, but not limited to, negligence, shall we,
our directors, officers, employees, agents, licensees or suppliers be
liable for any direct, indirect, incidental, special, consequential,
exemplary, or punitive damages, personal injury, or wrongful death
whatsoever, including without limitation, damages for lost revenue,
lost or damaged data, or other commercial or economic loss that result
from the use of, or the inability to use, this Site or the information,
whether based on warranty, contract, tort, infringement of intellectual
property rights, strict liability, or any other legal theory, even if
we have been advised of the possibility of such damages. In no event
shall our total liability to you for all damages, losses, and causes of
action (whether in warranty, contract, tort (including, but not limited
to, negligence, or otherwise), infringement of intellectual property
rights, strict liability or other legal theory) exceed the amount paid
(which may be nothing) by you to us, if any, for accessing this Site.
User Submissions
General
information, requirements and the procedure to submit a story to
touchedbythehandofgod.com, isitoddorisitgod.com or omgstories.com can be accessed by
clicking on the “Share a story” link in the blue toolbar on every page.
The following provides in detail the Terms and Conditions of such Submissions: - By
making communications or submitting information, personal stories,
testimonials (collectively, "Submissions") to this Site, you agree that
such Submission is factually accurate to the best of your knowledge and
not a fictionalized account, is original to you, has not been published
previously (unless you specifically inform us at the time your story is
submitted) and is not confidential for all purposes. Further, you agree
that your stories will not be untruthful, offensive, obscene,
defamatory, discriminatory, unlawful or violate the privacy or rights
of any person or entity. You agree we shall not be liable for any use
or disclosure of any such Submissions or by us or others. You agree
that any photograph and/or original artwork submitted to the Site is
original to you, has not been published previously and is not
confidential for all purposes.
- If you make any such
Submission, you automatically grant (or warrant that the owner of such
content has expressly granted) Amen, Sister!, LLC, a royalty-free,
perpetual, world-wide nonexclusive license to use, reproduce, create
derivative works from, modify, publish, edit, translate, distribute,
perform, and display the Submission (including without limitation your
photograph or likeness) in any media or medium, or any form, format, or
forum now known or hereafter developed and waive any and all moral
rights in the Submissions. By giving us the non-exclusive right to use
your story, you retain the right to use the story elsewhere. Amen,
Sister!, LLC may sublicense its rights through multiple tiers of
sublicenses.
- Amen, Sister!, LLC reserves the right, at its
sole discretion, to modify and/or remove any story submitted to the
"Share a Story" section of the Site that we deem to be not in the best
interests of touchedbythehandofgod.com or omgstories.com or the people these sites serve.
- Your
Submission in no way creates any obligation or duty on the part of
Amen, Sister!, LLC to post or use such materials, or, should they be
posted or used, to compensate you.
Indemnification
You
agree to indemnify, defend and hold Amen, Sister!, LLC and its
affiliates and their respective officers, directors, owners, agents,
information providers, affiliates, licensors and licensees
(collectively, the "Indemnified Parties") harmless from and against any
and all claims, demands, liabilities, costs and/or expenses whatsoever
(including without limitation reasonable legal fees disbursements)
arising out of or resulting, directly or indirectly, from: (a) your
breach of these Terms and Conditions; (b) your access to or use of this
Site or any Web site to which this Site is or may be linked from time
to time; (c) your use of, reliance on, or publication, communication or
distribution of anything on or from this Site; and/or (d) your
violation of any law, rule or regulation. You shall use your best
efforts to cooperate with us in the defense of any claim. We reserve
the right, at our own expense, to assume the exclusive defense and
control of any matter otherwise subject to indemnification by you.
Jurisdictional Issues
Unless
otherwise specified, the Information is presented solely for, and any
promotions and programs are offered only to, residents of the United States of America, the U.S. Virgin Islands, Puerto Rico and Guam. In addition, any contests or sweepstakes offered are offered only to residents of the United States of America.
We make no representation that material on this Site is appropriate or
available for use in any particular location. Those who choose to
access this Site do so on their own initiative and are responsible for
compliance with local laws, if and to the extent local laws are
applicable.
General Provisions
These terms and conditions shall be governed by and construed in accordance with the laws of the State of Georgia,
without giving effect to any principles of conflicts of law. You agree
that any action at law or in equity relating to the arbitration
provision of these Terms and Conditions shall be filed only in the
state or federal courts located in DeKalb County, Georgia,
and you hereby consent and submit to the personal jurisdiction of such
courts for the purposes of litigating any such action. If any provision
of these terms and conditions shall be unlawful, void, or for any
reason unenforceable, then that provision shall be deemed severable
from these terms and shall not affect the validity and enforceability
of any remaining provisions. Any failure by Amen, Sister!, LLC to
insist upon or enforce strict performance of any provision of this
agreement shall not be construed as a waiver of any provision or right.
No waiver of any of these terms and conditions shall be deemed a
further or continuing waiver of such term or condition or any other
term or condition. This is the entire agreement between us relating to
the subject matter herein and, except as provided in these Terms and
Conditions with respect to changes to these Terms and Conditions, shall
not be modified except in writing, signed by both parties.
Contact Information
You can contact us by clicking on the Contact Us link located at the bottom of this page.
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