Terms of Service Agreement and Private Policy

Who we are. This website and Unbound: An Interactive Journal of Christian Social Justice (“Unbound“), is owned by the Presbyterian Church (U.S.A.). All references in this document to Unbound, the Church, the Advisory Committee on Social Witness Policy (“ACSWP”), the General Assembly Mission Council (“GAMC”), “we,” “us,” or “our” shall legally mean Presbyterian Church (U.S.A.).

Acceptance of Terms. When accessing Unbound and using this website, you agree to the terms and conditions and privacy policy listed in this document (the “Terms of Service Agreement and Privacy Policy”), which may be updated by us at any time. Please check the website periodically for changes. If you do not agree to the Terms of Service Agreement and Privacy Policy, do not use this website and do not access Unbound.

Release of Liability and Responsibility. Articles, forums for conversation, and other forms of expression provided by Unbound or its website may or may not reflect the opinions of either the Unbound staff, ACSWP, the GAMC, and/or the Presbyterian Church (U.S.A.). Because of the importance of the free exchange of ideas, you agree not to hold Unbound or its affiliates (including its staff and its advisory council members) responsible or liable for opinions and positions expressed on this site. Articles are the sole opinions of their authors.

Links to other websites or resources. Unbound may provide, or contributors and third parties may provide, links to other World Wide Web sites or resources. Because Unbound has no control over such sites and resources, you acknowledge and agree that Unbound is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Unbound shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

Integrity of participants and interlocutors. We aspire to create a safe space of interaction and dialogue, a space that challenges and confronts while remaining respectful, humane and most importantly, Christian. In other words, this is an ethical climate with minimal censoring that requests integrity of each participant and interlocutor.

Users responsible for their comments and posts. Users alone are responsible for the contents of the messages they communicate when using our services as well as the consequences of any such messages. All comments and posts shall be considered public.

Right to remove content and discontinue service. We reserve the right to remove without notice any content for any reason, but have no obligation to delete content that an individual may find objectionable or offensive. If you have such a complaint, please report it through our “Contact” page and the Unbound staff will investigate it. Unbound may modify or discontinue services or your account with us, with or without notice, for any reason without liability to you or any other party.

Moderator. Interaction will be moderated publicly by Unbound staff who will to the best of their abilities, but without liability, moderate, respond to, encourage and check all conversations according to the ethical standards set forth in these Terms of Service Agreement and Privacy Policy. It is our opinion that a visible moderator is preferable for constructive, free dialogue than an invisible hand that simply removes unwanted comments.

Ethical Standards. In order to ensure conversation that is both free and open while also constructive and respectful, all interaction is governed by the following ethical standards:

(1)   No one 13 years of age or under can register as a user;

(2)   All users must register and sign-in in order to participate in all interactive features. By signing in, you attach your name to all comments you post. No anonymous posts are permitted with the understanding that anonymity enables unreflective and harmful speech. Through and only through written request, Unbound staff may, however, on occasion authorize pseudonymous contributions. However, all users under the age of 18 should not include their last name in their publicly displayed user name (or should choose a pseudonym), nor include any personally revealing information, such as location, in their profile bios;

(3)   All users shall regard all other users as children of God and bearers of God’s Spirit;

(4)   No user shall upload, post, email, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, tortious, illegal, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable to Unbound;

(5)   No user shall upload, post, email, transmit or otherwise make available content that violates law or regulations designed to protect minors;

(6)   No user shall impersonate any person or entity, including but not limited to, the Unbound staff or interaction moderators, or falsely state or misrepresent your affiliation with a person or entity;

(7)   No user shall upload, post, email, transmit or otherwise make available any content that you do not have a right to make available;

(8)   No user shall upload, post, email, transmit or otherwise make available any content that infringes any copyright, trade secret, or other intellectual property rights of any person or entity;

(9)   No user shall upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation; and

(`0)   No user shall upload, post, email, transmit or otherwise make available any material that contains software viruses, spyware, or any other computer code, files or programs designed to interrupt, disrupt, destroy or limit the functionality of any computer software or hardware on telecommunications equipment.

Copyright, trademark and proprietary rights. The entire content and design of this website andUnbound are protected under the copyright laws of the United States and other countries. Title to the website, its content and design remain with Presbyterian Church (U.S.A.). All trademarks and trade names are the property of their respective owners. Except as otherwise noted, Presbyterian Church (U.S.A.) is the owner of all trademarks and service marks on this website, whether registered or not. Nothing on this website shall be construed as conferring any license under an intellectual property right, including any right in the nature of trademark or copyright of Presbyterian Church (U.S.A.) or Unbound, whether by estoppel, implication, or otherwise. This website and its content are for your personal noncommercial use. Except as otherwise expressly permitted, you agree not to reproduce, retransmit, disseminate, sell, distribute, publish, broadcast, circulate or modify the material on the Unbound website without the express prior written consent of Unbound. For permission or any other questions regarding our copyright policy, please contact us using the “Contact” page.

If you have concerns regarding the use of copyrighted material on this website, please notify in writing the agent designated to respond to reports alleging copyright infringement. The designated agent is: Patrick David Heery,  [email protected], Office 3611, 100 Witherspoon Street, Louisville, KY, 40202.

License. Unbound grants you a non-exclusive, non-transferable license to create an account for and to use Unbound’s interactive features in accordance with this Terms of Service Agreement. Unbound and any associated documentation are and shall remain the sole and exclusive property of Unbound.

Privacy Policy

Registration. Certain features of Unbound may require you to register personal information and obtain a user name and password for Unbound. In such cases, you are responsible for maintaining the confidentiality of your account number and/or password. You are responsible for all uses of your account, whether or not actually or expressly authorized by you. Please note that you may also have the option of using previously registered social media accounts (such as Facebook, Twitter, Google, etc.) to serve as your Unbound account.

Children’s Privacy. The Unbound website is not intended for children under 13 years of age. We do not knowingly collect or store personal information from children under 13. If we discover that we have received any information from a child under the age of 13 in violation of this policy, we will delete that information immediately. If you believe that Unbound has any information from or about anyone under the age of 13, please contact us, using our “Contact” page.

Consent. To enable Unbound to protect our users and respond to user needs and complaints, you consent to Unbound staff members being able to access your account and records on a case-by-case basis to investigate complaints or other allegations or abuse. Unbound shall not disclose the existence or occurrence of such an investigation unless required by law.

Modification or discontinuation of service. We may modify or discontinue services or your account with us, with or without prior notice, without liability to you, any other user or any third party. We reserve the right to access and/or terminate your account if we learn that you have provided us with false or misleading registration information, interfered with other users or the administration of Unbound services, or violated these Terms of Service.

Personal Information. Unbound will not disclose or sell personal information to any outside organization for any purpose, unless required by law.

Emails. For registered Web site users, you may choose whether you want to receive emails and in what frequency. When you create your account, you will be provided with a variety of email options, giving you the power, for instance, to receive regular updates or identity interests and topics for which you may request email notification. If you do not give us permission for us to email you, Unbound will not send unsolicited email. In this case, Unbound will communicate with you only for the purpose of maintaining or upgrading your registration with us. To unsubscribe, simply go to your User profile and account. If you have any trouble unsubscribing, please contact us, using our “Contact” page.

Information we collect. We collect two types of information: (1) limited personal information (collected when you register) which you have voluntarily submitted to us, and (2) aggregate information (e.g. information about how many visitors log on to our sites).

Legal

No Representations or Warranties. Use of this website and its content is at your own risk. Moreover, you  are  solely  responsible  for  your  interactions  and  communications with  other  users  and members. Information from this website is transmitted in a manner and over a medium which is outside the control of Unbound. Therefore, Unbound assumes no liability for or relating to the delay, failure, interruption or corruption of any data or other information transmitted in connection with the use of this website.

THE WEBSITE AND ITS CONTENT ARE PROVIDED “AS IS.”  UNBOUND, TO THE FULLEST  EXTENT  PERMITTED BY  LAW,  DISCLAIMS  ALL  WARRANTIES,  EITHER  EXPRESS  OR  IMPLIED, STATUTORY OR OTHERWISE,  INCLUDING, BUT NOT LIMITED TO, THE IMPLIED  WARRANTY OF  MERCHANTABILITY,  FITNESS  FOR  A  PARTICULAR  PURPOSE  AND  NONINFRINGEMENT.  UNBOUND  MAKES  NO  REPRESENTATIONS  OR  WARRANTIES ABOUT  THE  SUITABILITY,  AVAILABILITY,  RELIABILITY,  ACCURACY,  COMPLETENESS AND TIMELINESS OF THE CONTENT OR COMMUNICATIONS PROVIDED ON OR THROUGH THIS WEBSITE.

Disclaimer  of  Liability. UNDER  NO  CIRCUMSTANCES  SHALL  UNBOUND  OR  ANY  THIRD PARTIES  MENTIONED  ON  THIS  WEBSITE  BE  LIABLE  FOR  ANY  DIRECT,  INDIRECT, PUNITIVE,  INCIDENTAL,  SPECIAL,  CONSEQUENTIAL,  LOST  PROFITS  OR  ANY  OTHER DAMAGES WHATSOEVER THAT MAY RESULT FROM THE USE OF OR THE INABILITY TO USE  THIS WEBSITE  OR  ITS  CONTENT  OR  THE  INTERACTIONS  OR  COMMUNICATIONS BETWEEN  MEMBERS,  INCLUDING  WITHOUT  LIMITATION,  DAMAGES  ARISING  FROM  MISTAKES,  OMISSIONS,  INTERRUPTIONS,  DETERIORATION,  PERSONAL  INJURY,  AND WRONGFUL  DEATH,  BASED  UPON  ANY  LEGAL  THEORY  AND  WHETHER  OR  NOT UNBOUND IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.   SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR  INCIDENTAL DAMAGES; UNBOUND’S LIABILITY  IN SUCH  JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.    IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE OR ITS CONTENT, YOUR SOLE REMEDY IS TO CEASE USING THEM.

Indemnification and hold harmless.  You agree to indemnify, defend and hold harmless Unbound, its affiliates, officers, directors, employees, consultants and agents from and against all liabilities, claims, damages and expenses (including, without limitation, reasonable attorneys’ fees and costs) arising out of your use of this website, your breach of the Terms of Service Agreement and Privacy Policy, your infringement of the intellectual property rights of third parties, or infringement by any other user of your account, of any intellectual property or other right of any person or entity.

Governing law.  These Terms of Service and Privacy Policy will be governed by and construed in accordance with the laws of Kentucky. Any action brought to enforce this agreement or matters related to the site shall be brought in either the state or federal courts of the Commonwealth of Kentucky. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Service and Privacy Policy to be unenforceable, the remainder of such terms will continue in full force and effect.

Entire Agreement.  These Terms of Service and Privacy Policy constitute the entire agreement between the parties with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter; provided, however, that all Contributors to Unbound are also subject to their respective Contributor Agreements. Any waiver of any provision of the Terms of Service and Privacy Policy will be effective only if in writing and signed by Unbound.  This agreement will inure to the benefit of Unbound’s successors, assigns and licensees.

Contact Information. For all inquiries, refer to the Contact Us section of our home page.This document was last revised on October 19, 2011.