Terms of Use

From TSL Encyclopedia

The Summit Lighthouse® (www.SUMMITLIGHTHOUSE.org)

TERMS OF USE

PLEASE READ THE FOLLOWING TERMS OF USE CAREFULLY.

These Terms of Use constitute a legally binding agreement between you (the user) and The Summit Lighthouse® (“we”, “us”, or “TSL”). Your use of the website www.SUMMITLIGHTHOUSE.org (the “Website”) is conditioned on your acceptance of these Terms of Use.

By accessing AND/OR USING the website, YOU SIGNIFY THAT YOU ACCEPT AND agree to BE BOUND BY THESE TERMS OF USE.

  1. Acceptance of General Terms of Use and Amendments or Changes. You agree to read and be bound by all of the terms and conditions of these Terms of Use, TSL’s Privacy Policy, any other applicable TSL policies, and any amendments or changes thereto. It is your responsibility to review these Terms of Use, TSL’s Privacy Policy, and any other applicable TSL policies from time to time and to comply with any changes.
  2. License
    1. TSL hereby grants you a nonexclusive, nontransferable license to access and use the Website only for the following purposes:
      • Reviewing text, images and/or multimedia (“Content”) for your own personal, noncommercial use.
      • Downloading or printing one (1) copy of any text for your own personal, noncommercial use, provided that you retain any copyright, trademark or other proprietary notices, symbols and/or legends.
    2. Your right to use the Website and any Content therein is personal to you. You agree not to:
      • Use, copy, download, photograph, record, videorecord and/or transcribe any part of the Website or Content, except as may be expressly permitted by these Terms of Use and/or written permission from TSL;
      • Distribute, publish, sell, disclose, perform, display, transmit, post, upload, broadcast and/or otherwise exploit any part the Website or Content, except as may be expressly permitted by these Terms of Use and/or written permission from TSL;
      • Attempt to modify, reverse engineer, decompile, disassemble or otherwise discover the source code of all or any part of the Website or Content; and/or
      • Create or attempt to create derivative works based on the Website or the Content, in whole or in part.
  3. Prohibited Uses. You agree not to use the Website to post any Content in violation of any applicable law, rule or regulation, or in violation of any person’s rights. By way of example, and without limiting the possible uses that would be in violation of these Terms of Use, you agree not to post any Content that would:
    • Infringe or misappropriate any copyrights, trademarks, or other intellectual property right of any third party;
    • Be fraudulent or misleading in any way;
    • Impersonate any person or otherwise misrepresent your identity or the origin of any Content;
    • Be pornographic, obscene or immoral;
    • Contain any virus, worm, Trojan horse, or any other code manifesting any contaminating or destructive properties;
    • Slander, libel or defame any person;
    • Violate any person’s right to privacy, present any person in a false light, or misappropriate any person’s right to publicity or right to control the use of his or her own name or likeness;
    • Harass or threaten any person, be abusive, or be considered stalking; or
    • Involve or promote the use of unsolicited commercial e-mail (“spam”), pyramid schemes, chain letters, or the like.
  4. Other Permitted Uses.
    1. Consistent with the “Grant of Copyright Permission” Member Benefit posted in the Member Area, members in good standing of the Keepers of the Flame Fraternity may use social media posts from sponsored Summit social media channels and pages and quote words from the following TSL publications (no word limit as long as not entire books), provided that you quote the text verbatim and reference the TSL publication in sufficient detail to allow an interested reader to locate it and recognize TSL as the publisher:
      • Pearls of Wisdom;
      • Any other print or online TSL text publication EXCEPT FOR: (a) Keepers of the Flame Lessons, (b) Summit University course materials, (c) Ministerial Training course materials, and/or (d) discussion forum postings.
    2. Any use of Content other than as expressly provided in these Terms of Use must be requested and obtained in writing by contacting the TSL Rights and Permissions Office, CopyrightPermissions@TSL.org.
    3. In the event any Content is in the public domain, you, of course, retain all your lawful rights available in public domain material. You assume all risk and responsibility for determining whether any TSL Content may be in the public domain and what right(s) you may have with regard to any such public domain material. Your responsibility is not waived due to any posting of notices on any Content.
  5. Linking or Framing.
    1. Linking. Linking to any webpage within this Website is subject to the following guidelines:
      • When linking to the TSL homepage, please use the words “The Summit Lighthouse® (www.SummitLighthouse.org)” in a standard legible font as the words within the link
      • When linking to any internal webpages within the Website, please use a keyword that is descriptive of the page content.
      • The link must not appear in any website or otherwise be used in any way that would cause it to be associated with any deceptive, unlawful, unfair, pornographic, immoral and/or defamatory content and/or activity, nor may it otherwise be used in any way that might tend to injure our reputation or misrepresent any aspect of our activities or any goods or services we may offer.
    2. Framing. Except with TSL’s express written permission, you agree not to frame any part of the Website. “Framing” means to display all or any part of a webpage within the browser window of another website. You may request permission to frame TSL Content by writing to CopyrightPermissions@TSL.org. Please include your name, email address, telephone number, the website address(es) where you propose to use TSL Content, and a complete description of the Content that you wish to frame.
  6. User Accounts. You may be required to create an account in order to obtain access to certain portions of the Website. You agree that all registration information you provide is truthful and accurate. You may not transfer or otherwise make your login and password available to others. Any disclosure by you of your login or password may result in termination of these Terms of Use in TSL’s sole discretion, and you agree that you are responsible for any use of your login or password and any purchases resulting therefrom, whether authorized by you or not. You agree to immediately notify TSL of any unauthorized use of your login or password, or any known or suspected loss, theft or unauthorized disclosure of your login or password. TSL may require you to change your login or password at any time in its sole discretion. In the event that you sell or otherwise dispose of your computer or other electronic device on which reside your login and/or password, any Content, or any cookies obtained through use of the Website, you shall make sure that any such information has been permanently deleted.
  7. TSL does not assume any obligation to monitor any Content submitted by you or any other user, but reserves the right in its sole discretion to delete, discontinue, block access to, and/or modify any Content provided by you or anyone else, at any time and without notice, without incurring any liability therefor.
  8. Your Information and Our Privacy Policy. Any information that you provide to us is subject to the terms of our Privacy Policy, which we may change from time to time in our sole discretion.
  9. Submission of Content to our Website. Unless otherwise agreed in writing, by providing any Content to the Website, you thereby grant to TSL a non-exclusive, royalty-free, fully paid-up, irrevocable, transferable and fully sub-licensable license to use, reproduce, display, perform, exhibit, publish, sell, distribute, transmit, broadcast, modify, create derivative works from, or otherwise use all or part of said Content, or authorize others to do so, in any manner or media or by any means, methods, or technologies now known or hereafter to be known throughout the world in perpetuity. You further represent and warrant that any such Content will not infringe any copyright or other proprietary right, defame anyone, violate anyone’s right of privacy or publicity, or violate any other rights of any third party.
  10. You are completely responsible for all Content posted or submitted by you for inclusion on the Website. You shall indemnify, defend and hold harmless TSL and its officers, directors, employees, agents and/or licensors against and from any and all lawsuits, claims, expenses (including reasonable attorneys’ fees), settlements, damages, judgments and the like resulting from, arising out of or otherwise related in any way to your use of the Website and/or any Content provided by you.
  11. Disclaimers of warranties.
    1. TSL MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE WEBSITE AND/OR ANY CONTENT. YOUR ACCESS TO AND USE OF THE WEBSITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. TSL HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE WEBSITE, CONTENT AND OTHER INFORMATION, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, AND AVAILABILITY.
    2. TSL DOES NOT WARRANT THE ACCURACY OF THE CONTENT OR OTHER INFORMATION CONTAINED ON THE WEBSITE. FURTHER, TSL DOES NOT WARRANT THAT: THE WEBSITE AND ANY CONTENT THEREIN WILL MEET YOUR REQUIREMENTS; THE WEBSITE (INCLUDING BUT NOT LIMITED TO THE OPERATION THEREOF) OR CONTENT WILL BE ERROR-FREE; OR ALL DEFECTS WILL BE CORRECTED. TSL ALSO DOES NOT WARRANT THAT THE WEBSITE AND THE CONTENT WILL FUNCTION PROPERLY IN COMBINATION WITH YOUR EQUIPMENT. TSL DOES NOT WARRANT THAT ANY FILES AVAILABLE FOR DOWNLOADING WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE PROPERTIES.
    3. BY ACCESSING THE WEBSITE, YOU ACKNOWLEDGE AND AGREE THAT NONE OF THE CONTENT OR OTHER INFORMATION PROVIDED BY TSL ON THE WEBSITE IS AN OFFER OR RECOMMENDATION BY TSL TO PROVIDE ADVICE OR SERVICES IN THE FIELDS OF HEALTH CARE, LAW, TAXATION, ACCOUNTING, INVESTING AND/OR PSYCHOLOGICAL OR ANY OTHER TYPE OF COUNSELING.
    4. TSL DOES NOT ENDORSE ANY OTHER WEBSITE WITHOUT EXPRESS PERMISSION. TSL TAKES NO RESPONSIBILITY FOR THE CONTENT OF ANY WEBSITE TO WHICH THIS WEBSITE IS LINKED OR THAT PROVIDES A LINK TO THIS WEBSITE.
    5. SUMMIT UNIVERSITY® IS NOT AN ACCREDITED PROGRAM OR INSTITUTION, AND ANY SERVICES PROVIDED ON THIS WEBSITE OR OTHERWISE ARE FOR PERSONAL GROWTH OR INFORMATION PURPOSES ONLY. BY ACCESSING THE WEBSITE, YOU ACKNOWLEDGE AND AGREE THAT SUMMIT UNIVERSITY® IN NO WAY SHALL BE CONSIDERED AS CONFORMING WITH ANY EDUCATIONAL STANDARDS OR QUALIFICATIONS PRESCRIBED BY ANY PRIVATE OR GOVERNMENTAL ENTITY.
    6. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, AND THUS SOME PORTION OF THE LIMITATIONS DESCRIBED ABOVE MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, TSL’S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
  12. Limitation of Remedies and Limitation of Liabilities.
    1. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY INABILITY TO USE OR ACCESS THE WEBSITE OR THE CONTENT, DEFECTS IN THE WEBSITE, OR ANY OTHER MATTER ARISING FROM YOUR USE OF THE WEBSITE OR THE CONTENT SHALL BE TO DISCONTINUE USING THE WEBSITE.
    2. IN NO EVENT SHALL TSL OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND/OR LICENSORS BE LIABLE FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS RESULTING FROM BUSINESS DISRUPTION, LOSS OF DATA, LOST PROFITS, LOST GOODWILL, OR DAMAGE TO SYSTEMS OR DATA, WHETHER IN AN ACTION FOR CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF TSL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
    3. EXCEPT FOR ANY EXCLUSIVE REMEDY DESCRIBED ELSEWHERE IN THESE TERMS OF USE, TSL’S ENTIRE LIABILITY AND YOUR ENTIRE REMEDY FOR DAMAGES UNDER THESE TERMS OF USE WILL BE LIMITED IN ANY EVENT TO YOUR DIRECT, ACTUAL DAMAGES, NOT TO EXCEED THE TOTAL COMPENSATION PAID BY YOU TO TSL DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT FROM WHICH SUCH LIABILITY ARISES. YOU ACKNOWLEDGE AND AGREE THAT THIS LIMITATION OF LIABILITY IS A MATERIAL TERM OF THESE TERMS OF USE, THAT THE PRICE (IF ANY) OF ANY GOODS OR SERVICES PROVIDED HEREUNDER IS PREDICATED ON THE ENFORCEABILITY OF THE FOREGOING LIMITATION OF LIABILITY AND DISCLAIMER OF WARRANTIES, AND THAT SAID PRICE WOULD BE SUBSTANTIALLY HIGHER IF TSL COULD NOT LIMIT ITS LIABILITY AND DISCLAIM WARRANTIES AS PROVIDED HEREIN. THIS LIMITATION OF LIABILITY SHALL APPLY NOTWITHSTANDING ANY FAILURE OF AN ESSENTIAL PURPOSE OF ANY LIMITED REMEDY PROVIDED HEREIN.
    4. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, AND THUS SOME PORTION OF THE LIMITATIONS DESCRIBED ABOVE MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, TSL’S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
  13. Term and Termination. These Terms of Use are effective immediately upon your agreement to the license terms for the Website and shall continue until terminated as described in this section. TSL may suspend or terminate these Terms of Use, your access to the Website and/or any account you may have created at any time and for any reason in TSL’s sole discretion. Termination will not limit a party from pursuing any other remedies available to it. All rights and obligations that should by their nature survive will survive any termination of these Terms of Use, including the terms of Sections 1, 2, 9, 10, 11 and 12. Upon termination, you will make no further use of the Website.
  14. Notification of Copyright Infringement. It is TSL’s policy to fully comply with the Digital Millennium Copyright Act (the “DMCA”) and applicable regulations. Although TSL assumes no obligation to police the Website for the presence of materials that may be infringing or are otherwise inappropriate, TSL reserves the right in its sole discretion to remove or disable access to any content, and TSL will terminate the account of a repeat infringer in appropriate circumstances. You may report alleged copyright infringement by sending a notice that complies with the DMCA to TSL’s designated agent to receive notification of claimed infringement (the “Designated Agent”) at the following address:
    Gregory Bodwell
    The Summit Lighthouse®
    Business Office
    63 Summit Way
    Gardiner, MT 59030-9314
    CopyrightPermissions@TSL.org
    TSL reserves the right to change its Designated Agent without prior notice, subject to the applicable requirements of the DMCA and any applicable regulations.
    All notices of alleged copyright infringement should include substantially the following:
    • A description 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.
    • A description of the material that you claim 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 TSL to locate the material.
    • Information reasonably sufficient to permit TSL to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
    • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, the owner’s agent, or by law.
    • A statement, signed by physical or electronic signature, that the information in the notification is accurate, and, under penalty of perjury, that you are, or are authorized to act on behalf of, the owner of an exclusive right that is allegedly infringed.
    TSL’s Designated Agent may request additional information from you.
    • PURSUANT TO THE DMCA, 17 U.S.C. § 512(f), ANY PERSON WHO KNOWINGLY MAKES A MATERIAL MISREPRESENTATION THAT MATERIAL IS INFRINGING, OR THAT MATERIAL WAS REMOVED OR DISABLED BY MISTAKE OR MISIDENTIFICATION, MAY BE LIABLE FOR ANY DAMAGES, INCLUDING COSTS AND ATTORNEYS’ FEES, INCURRED BY A SERVICE PROVIDER WHO IS INJURED BY SUCH MISREPRESENTATION, OR BY THE COPYRIGHT OWNER OR LICENSEE, AS THE RESULT OF THE SERVICE PROVIDER RELYING UPON SUCH MISREPRESENTATION IN REMOVING OR DISABLING ACCESS TO SUCH MATERIAL, OR IN REPLACING OR CEASING TO DISABLE ACCESS TO THE MATERIAL.
    • For a full description of your rights under the DMCA and the procedures that must be followed, please see the full text of the DMCA, which may be found at www.copyright.gov. Nothing in these policies and terms of use is intended to supplant the requirements of the DMCA. In the event of any conflict between any provision of these policies and terms of use and the DMCA, the applicable provision of the DMCA shall control.
  15. These Terms of Use are the complete and exclusive agreement between the parties and supersede all previous and contemporaneous agreements, proposals and communications with respect to this subject matter.
    1. No right or license under these Terms of Use may be assigned or transferred by you nor may any duty be delegated by you without TSL’s prior written consent. Any assignment, transfer or delegation in contradiction of this provision shall be null and void. Subject to the foregoing, these Terms of Use will bind and inure to the benefit of each party’s successors and permitted assigns.
    2. Waiver of a breach of or right hereunder will not constitute a waiver of any other or subsequent breach or right.
    3. If any provision herein shall be held by a court of competent jurisdiction to be contrary to law, that provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law, and the remaining provisions herein will remain in full force and effect.
    4. These Terms of Use shall be governed by Montana law excluding its conflicts of laws principles. Exclusive venue for any action between the parties shall be in Gallatin County, State of Montana (state court jurisdiction) or District of Montana, Butte Division (federal court jurisdiction).
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