TERMS OF SERVICE
What follows is a lot of legalese that we must include here to be accountable to you, our site visitor, and to decrease our liability. But before we get into all that, the following text clearly and concisely states, in the most reasonable terms we can muster, our expectations of how users of this site are to behave with us and with each other:
Interactions that are supported on this site follow the basic tenants of Compassionate/Collaborative Communication, an approach that focuses on two aspects of communication: honest self-expression (defined as expressing oneself in a way that's likely to inspire compassion in others) and empathy (defined as listening with deep compassion). If you participate on this site by entering comments, then you are indicating that you agree to these terms of participation. If your comments do not reflect respect toward these terms, then we will find it necessary to remove them.
If you are a Collaborator by virtue of contributing your thoughts and ideas in our Collaborate area at http://dev.sacredcommerce.com/index.php/collaborate, please reference section 12 below.
The Sacred Commerce Team
And now on to the legalese...
Sacred Commerce Website Terms
This site is solely owned and operated by Ayman Sawaf and Rowan Gabrielle. Unless otherwise noted, all content here belongs to them. They are referred to in the following text as “Sacred Commerce.”
Please read this Agreement carefully and save it. If you do not agree with it, you should leave Sacred Commerce Website and discontinue use of Sacred Commerce Website immediately. If you wish to become a Member, communicate with other Members and make use of Sacred Commerce Website, you must read this Agreement and indicate your acceptance during the Registration process. This Agreement includes Sacred Commerce Website’s policy for acceptable use of Content posted on Sacred Commerce Website, your rights, obligations and restrictions regarding your use of Sacred Commerce Website. In order to participate in certain services, you may be notified that you are required to download software or content and/or agree to additional terms and conditions. Unless otherwise provided by the additional terms and conditions applicable to Sacred Commerce Website in which you choose to participate, those additional terms are hereby incorporated into this Agreement. Sacred Commerce Website may modify this Agreement from time to time and such modification shall be effective upon posting by Sacred Commerce Website on the website. You agree to be bound to any changes to this Agreement when you use Sacred Commerce Website after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.
Sacred Commerce Website reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to restrict, suspend, or terminate your access to all or any part of the Sacred Commerce Website Services at any time, for any or no reason, with or without prior notice, and without liability. Sacred Commerce Website expressly reserves the right to remove your profile and/or restrict, suspend, or terminate your access to any part of Sacred Commerce Website Services if Sacred Commerce Website determines, in its sole discretion, that you pose a threat to Sacred Commerce Website and/or its Users.
1. Eligibility. Use of and Membership in the Sacred Commerce Website Services is void where prohibited. By using Sacred Commerce Website, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 18 years of age or older; and (d) your use of the Sacred Commerce Website does not violate any applicable law or regulation. Your profile may be deleted and your Membership may be terminated without warning, if we believe that you are under 18 years of age.
2. Term. This Agreement shall remain in full force and effect while you use Sacred Commerce Website or are a Member. You may terminate your Membership at any time, for any reason, by following the instructions on the Member's Account Settings page. Sacred Commerce Website may terminate your Membership at any time, without warning.
3. Fees. You acknowledge that Sacred Commerce Website reserves the right to charge for the Sacred Commerce Website and to change its fees from time to time in its discretion. If Sacred Commerce Website terminates your Membership because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of subscription fees.
4. Password. When you sign up to become a Member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify Sacred Commerce Website immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.
5. Non-commercial Use by Members. The Sacred Commerce Website Services are for the personal use of Members only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by Sacred Commerce Website. Illegal and/or unauthorized use of Sacred Commerce Website, including collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to Sacred Commerce Website is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles without notice and may result in termination of Membership privileges. Appropriate legal action will be taken for any illegal or unauthorized use of Sacred Commerce Website.
6. Proprietary Rights in Content on Sacred Commerce Website. 1. Sacred Commerce Website does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials (collectively, "Content") that you post to Sacred Commerce Website. After posting your Content to the Sacred Commerce Website, you continue to retain all ownership rights in such Content, and you continue to have the right to use your Content in any way you choose. By displaying or publishing ("posting") any Content on or through Sacred Commerce Website, you hereby grant Sacred Commerce Website a limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content solely on and through Sacred Commerce Website. Without this license, Sacred Commerce Website would be unable to provide the Sacred Commerce Website Services. The license you grant to Sacred Commerce Website is non-exclusive (meaning you are free to license your Content to anyone else in addition to Sacred Commerce Website), fully-paid and royalty-free (meaning that Sacred Commerce Website is not required to pay you for the use on the Sacred Commerce Website Services of the Content that you post). This license will terminate at the time you remove your Content from Sacred Commerce Website. The license does not grant Sacred Commerce Website the right to sell your Content, nor does the license grant Sacred Commerce Website the right to distribute your Content outside of Sacred Commerce Website. 2. You represent and warrant that: (i) you own the Content posted by you on or through Sacred Commerce Website or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Content on or through Sacred Commerce Website does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted by you to or through Sacred Commerce Website. 3. The Sacred Commerce Website Services contain Content of Sacred Commerce Website. Sacred Commerce Website Content is protected by copyright, trademark, patent, trade secret and other laws, and Sacred Commerce Website owns and retains all rights in the Sacred Commerce Website Content. Sacred Commerce Website hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the Sacred Commerce Website Content (excluding any software code) solely for your personal use in connection with viewing Sacred Commerce Website. 4. The Sacred Commerce Website Services contain Content of Users and other Sacred Commerce Website licensors. Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through Sacred Commerce Website.
7. Content Posted. 1. Sacred Commerce Website may delete any Content that in the sole judgment of Sacred Commerce Website violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. Sacred Commerce Website assumes no responsibility for monitoring the Sacred Commerce Website Services for inappropriate Content or conduct. If at any time Sacred Commerce Website chooses, in its sole discretion, to monitor the Sacred Commerce Website Services, Sacred Commerce Website nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content. 2. You are solely responsible for the Content that you post on or through any of the Sacred Commerce Website Services, and any material or information that you transmit to other Members and for your interactions with other Users. Sacred Commerce Website does not endorse and has no control over the Content. Content is not necessarily reviewed by Sacred Commerce Website prior to posting and does not necessarily reflect the opinions or policies of Sacred Commerce Website. Sacred Commerce Website makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to other Members.
8. Content/Activity Prohibited. The following is a partial list of the kind of Content that is illegal or prohibited to post on or through Sacred Commerce Website. Sacred Commerce Website reserves the right to investigate and take appropriate legal action against anyone who, in Sacred Commerce's sole discretion, violates this provision, including without limitation, removing the offending communication from Sacred Commerce Website and terminating the Membership of such violators. Prohibited Content includes, but is not limited to Content that, in the sole discretion of Sacred Commerce Website: 1. is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; 2. harasses or advocates harassment of another person; 3. exploits people in a sexual or violent manner; 4. contains nudity, violence, or offensive subject matter or contains a link to an adult website; 5. solicits personal information from anyone under 21; 6. provides any telephone numbers, street addresses, last names, URLs or email addresses; 7. promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; 8. promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files; 9. involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming"; 10. contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page); 11. furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses; 12. solicits passwords or personal identifying information for commercial or unlawful purposes from other Users; 13. involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes; 14. includes a photograph of another person that you have posted without that person's consent; or 15. for band and filmmaker profiles, uses sexually suggestive imagery or any other unfair, misleading or deceptive Content intended to draw traffic to the profile. 16. criminal or tortuous activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets; 17. advertising to, or solicitation of, any Member to buy or sell any products or services through Sacred Commerce Website. You may not transmit any chain letters or junk email to other Members. It is also a violation of these rules to use any information obtained from Sacred Commerce Website in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation, Sacred Commerce Website reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which Sacred Commerce Website deems appropriate in its sole discretion. If you breach this Agreement and send unsolicited bulk email, instant messages or other unsolicited communications of any kind through Sacred Commerce Website, you acknowledge that you will have caused substantial harm to Sacred Commerce Website, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay Sacred Commerce Website $100 for each such unsolicited email or other unsolicited communication you send through Sacred Commerce Website; 18. covering or obscuring the banner advertisements on your personal profile page, or any Sacred Commerce Website page via HTML/CSS or any other means; 19. any automated use of the system, such as using scripts to add friends or send comments or messages; 20. interfering with, disrupting, or creating an undue burden on Sacred Commerce Website or the networks or services connected to Sacred Commerce Website; 21. attempting to impersonate another Member or person; 22. using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account; 23. selling or otherwise transferring your profile; 24. using any information obtained from the Sacred Commerce Website in order to harass, abuse, or harm another person; 25. displaying an advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through Sacred Commerce Website on behalf of that person, such as placing commercial content on your profile, posting blogs or bulletins with a commercial purpose, selecting a profile with a commercial purpose as one of your top friends, or sending private messages with a commercial purpose; or 26. using Sacred Commerce Website in a manner inconsistent with any and all applicable laws and regulations.
10. Member Disputes. You are solely responsible for your interactions with other Sacred Commerce Website Members. Sacred Commerce Website reserves the right, but has no obligation, to monitor disputes between you and other Members.
12. Collaboration. By commenting in the collaboration section, you are giving the authors of any and all Sacred Commerce books the right to integrate your feedback into their book. If your comment influences future books, you will be honored/mentioned by name in beginning of book. If you contribute substantial elements of text, you will be approached by the authors with a formal request to use your words and ideas in future books. Posting such content on our site does not constitute you releasing your copyright over your works and ideas. Special arrangements will be made with you specifically to obtain permission to use your works and ideas in future books.
13. Disclaimers. Sacred Commerce Website is not responsible for any incorrect or inaccurate Content posted on Sacred Commerce Website or in connection with Sacred Commerce Website, whether caused by Users of Sacred Commerce Website or by any of the equipment or programming associated with or utilized in Sacred Commerce Website. Profiles created and posted by Members on Sacred Commerce Website may contain links to other websites. Sacred Commerce Website is not responsible for the Content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by Sacred Commerce Website. Inclusion of any linked website on Sacred Commerce Website does not imply approval or endorsement of the linked website by Sacred Commerce Website. When you access these third-party sites, you do so at your own risk. Sacred Commerce Website takes no responsibility for third party advertisements which are posted on Sacred Commerce Website nor does it take any responsibility for the goods or services provided by its advertisers. Sacred Commerce Website is not responsible for the conduct, whether online or offline, of any User. Sacred Commerce Website assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication. Sacred Commerce Website is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the Sacred Commerce Website Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with Sacred Commerce Website. Under no circumstances shall Sacred Commerce Website be responsible for any loss or damage, including personal injury or death, resulting from use of Sacred Commerce Website, attendance at a Sacred Commerce Website event, from any Content posted on or through Sacred Commerce Website, or from the conduct of any Users of Sacred Commerce Website, whether online or offline. The Sacred Commerce Website Services are provided "AS-IS" and as available and Sacred Commerce Website expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Sacred Commerce Website cannot guarantee and does not promise any specific results from use of the Sacred Commerce Website Services.
14. Limitation on Liability. IN NO EVENT SHALL Sacred Commerce Website BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF Sacred Commerce Website HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, SPIRITUAL NETWORK'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO Sacred Commerce Website FOR THE Sacred Commerce Website SERVICES DURING THE TERM OF MEMBERSHIP.
15. U.S. Export Controls. Software available in connection with the Sacred Commerce Website Services (the "Software") is further subject to United States export controls. No Software may be downloaded from Sacred Commerce Website or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.
16. Disputes. If there is any dispute about or involving Sacred Commerce Website, you agree that the dispute shall be governed by the laws of the State of California, USA, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in the State of California, City of San Francisco. Either Sacred Commerce Website or you may demand that any dispute between Sacred Commerce Website and you about or involving Sacred Commerce Website must be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA) in San Francisco, California, USA, provided that the foregoing shall not prevent Sacred Commerce Website from seeking injunctive relief in a court of competent jurisdiction.
17. Indemnity. You agree to indemnify and hold Sacred Commerce Website, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of Sacred Commerce Website in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any Content that you post on Sacred Commerce Website or through Sacred Commerce Website causes Sacred Commerce Website to be liable to another.
20. Closing. While the following message is consistent throughout the body of this Agreement it bears repeating in the simplest of terms. Anyone who goes out of their way to attack, defame or hurt somebody's feelings for the purpose of personal gain will be removed from the site. Please see easy-to-read explanation of this policy in the first paragraph on this page.
The Sacred Commerce Team
November 1, 2013