TERMS OF USE/PRIVACY POLICY
TERMS OF USE
By accessing and using this site, you confirm your agreement to these Terms of Use and the Privacy Policy. If you do not agree to or do not want to be bound by these Terms of Use, you are not authorized to use this site and should immediately exit this site. BE STILL reserves the right, at our discretion, to amend the Terms of Use, and to change, add, remove, or otherwise modify any aspect, content or feature of this site at any time. Please check these Terms of Use periodically for any changes. Your continued use of this site following the posting of changes to these Terms of Use shall constitute your binding acceptance of any such amendments, modifications, additions or deletions.
OWNERSHIP
All content included on this site, including, without limitation, text, graphics, images, designs, artwork, photographs, logos, audio or video clips, digital downloads, data compilations and software, is the property of, or licensed to, BE STILL or is the property of BE STILL’s content suppliers or licensors and protected by the laws of the United States and other countries and international treaties. The compilation of all content of this site is the property of BE STILL and is protected by the laws of the United States and other countries and international treaties. BE STILL’s marks indicated on the site are registered trademarks of BE STILL. All other marks that are not owned by BE STILL that appear on this site, such as those of BE STILL’s users, are the property of their respective owners, which may or may not be affiliated with or connected to BE STILL. All of the above marks may not be copied, downloaded or otherwise exploited without the permission of BE STILL or the owner of such marks.
LICENSE AND SITE USE
BE STILL grants you a limited license to access and make personal, non-commercial use of this site. In accordance with these Terms of Use, you are not permitted to download any material (including, without limitation, software, text, graphics or other content), except for printing single copies of pages (for personal, non-commercial use provided that all copyright and proprietary notices are maintained) frame or link to any page within or modify all or part of the site. You may not redistribute, sell, de-compile, reverse engineer, disassemble or otherwise reduce to a human-readable form any software that you are permitted to download from the site hereunder, except as may be permitted by law. Except only as expressly provided herein, this site (or any derivative work version of it), its contents and any member or account information may not in any form or by any means now known or hereafter developed be reproduced, displayed, downloaded, uploaded, published, repurposed, posted, distributed, transmitted, resold, or otherwise exploited for any commercial purpose without BE STILL’s prior express written consent. All rights not expressly granted to you above, including ownership and title, are reserved for the owner and not transferred or licensed to you.
YOUR ACCOUNT
If you use this site, you are responsible for maintaining the confidentiality (as applicable) of account information, usernames, passwords and IDs that may be required to use the site from time to time ("Account Information") and for restricting access to your computer or other devices, and you agree that you are responsible for all activity that occurs under or with the use of your Account Information (including, without limitation, usernames and password). BE STILL’s site security policies are contained in this site’s Privacy Policy (below). BE STILL reserves the right in its sole discretion to refuse access to this site or the products and services provided through it, terminate accounts and usage rights, edit, or remove content or “submissions” (as defined below).
SUBMISSIONS
Any information, prayer requests, or journal entries you transmit, upload or otherwise submit to this site (including, without limitation, comments, email messages) shall be collectively referred to as "submissions." BE STILL will not deliver, disseminate, disclose, forward, or make public any user submissions at any time. This site is intended to encourage users to spend time in God’s Word. Its purpose is to provide a platform from which users may track their studies, prayer requests, related reminders, etc. BE STILL recognizes that any submission and/or other related information entered by registered BE STILL users is very personal and will accordingly remain confidential and private.
CONTENT LINKED TO THIS SITE
Please exercise discretion while browsing the internet using this site. You should be aware that while you are on this site, you could be directed to other websites that are beyond our control. There are links to other sites from this site’s pages that take you outside this site. This includes links to sites maintained by BE STILL sponsors and BE STILL content partners (among others) that may or may not use our logo. These other sites may send their own cookies to users of their sites, collect data, or solicit personal information. These other sites may contain content or information that you may find inappropriate or offensive. BE STILL reserves the right (but shall have no duty) to disable links from these third party sites to this site. BE STILL makes no representations concerning the content of sites linked to this site or listed in any of our directories. Consequently, BE STILL cannot be held responsible for the accuracy, relevancy, copyright compliance, legality or decency of material contained in sites listed in our search results or otherwise linked to this site.
DISCLAIMER
THE MATERIALS IN THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, BE STILL DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BE STILL DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS ON THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVERS THAT MAKE SUCH MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BE STILL DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
BE STILL explicitly disclaims any responsibility for the accuracy, truthfulness, completeness, content, or availability of information found on sites that link to or from this site.
INDEMNIFICATION
You are entirely responsible for maintaining the confidentiality and security of your Account Information and for all activities that occur under your account. You agree to indemnify, defend and hold BE STILL and BE STILL’s affiliated companies and their respective officers, directors, employees and agents harmless from and against any third-party claims, demands, actions, suits, proceedings, liabilities, damages, losses, judgments and expenses (including, but not limited to, the costs of collection, reasonable attorneys’ fees and other reasonable costs of defense or enforcing your obligations hereunder) resulting from or arising out of any breach or non-compliance by you of these Terms of Use, any of your representations or misuse of this site or of any site linking to this site, and any claim brought by persons or entities (other than the parties to this Agreement) arising from or related to your access to and use of this site. You shall use your best efforts to cooperate with us in the defense of any claim.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL BE STILL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE ACCESS TO, USE OF, OR THE INABILITY TO ACCESS OR USE, THIS SITE OR MATERIALS OR FUNCTIONS ON THIS SITE, EVEN IF BE STILL HAS BEEN 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 LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL BE STILL’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT OR TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, OR OTHERWISE) EXCEED THE AMOUNT OF YOUR ACTUAL AND PROVEN DAMAGES.
JURISDICTIONAL ISSUES
Unless otherwise specified, the materials in this site are presented solely for the purpose of promoting BE STILL, its clients, events, products and services and its sponsors and advertisers available in the United States and its territories, possessions and protectorates. BE STILL makes no representation that materials on this site are appropriate or available for use in any particular location. Those who choose to access and use this site do so on their own initiative and are responsible for compliance with federal, state, and local laws, rules, codes, regulations and ordinances, as applicable.
TERMINATION
These Terms of Use are effective until terminated by either party. Your access to this site may be terminated immediately without notice from us for any reason, including without limitation, if, in our sole discretion, your failure to comply with any term of these Terms of Use. Upon such termination, you must cease use of this site and destroy all materials obtained from such site and all copies thereof, whether made under the terms of these Terms of Use or otherwise. You may terminate at any time by discontinuing use of this site. Upon such termination, you must destroy all materials obtained from any and all such sites and all related documentation and all copies and installations thereof, whether made under the terms of this Terms of Use or otherwise.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512, BE STILL reserves the right, but not the obligation, to terminate your license to use the site if it determines in its sole and absolute discretion that you are involved in infringing activity, regardless of whether the material or activity is ultimately determined to be infringing. In addition, pursuant to 17 U.S.C. Section 512(c), BE STILL has implemented procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the Act. All notifications of claimed infringement should be sent to the Service Provider's Designated Agent. Notification must be submitted to the following:
Designated Agent: Tim McKenzie
By Mail:
BE STILL
One Riverway, Suite 800
Houston, TX 77056
To be effective, any written notice regarding defamatory or infringing activity must be a written communication that includes the following information:
A physical or electronic signature of the person authorized to act on behalf of (1) the owner of an exclusive right that is allegedly infringed or (2) the person defamed;
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. Similarly, for materials that are defamatory or infringe patent, trademark, or other proprietary rights of a third party, please submit a list of such materials;
Identification of the material that is claimed to be infringing, to be the subject of infringing activity, or that is claimed to be defamatory, and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit BE STILL to locate the material;
Information reasonably sufficient to permit BE STILL to contact you, such as an address, a telephone number and, if available, an electronic mail address at which the complaining party 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, its agent or the law; and
A statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
GENERAL PROVISIONS
By visiting this site you agree that the Terms of Use shall be governed by and construed in accordance with the laws of the State of Texas, without giving effect to any principles of conflicts of law, and that any action at law or in equity arising out of or relating to these Terms of Use and the Privacy Policy (below) shall be filed only in the state or federal courts located in Harris County, Houston, Texas and you hereby consent and submit to the exclusive venue and personal jurisdiction of such courts for the purposes of such action. If any provision of these Terms of Use shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. These Terms of Use constitute the entire agreement between us relating to the subject matter herein, supercede all prior or contemporaneous communications and proposals, whether oral or written, and shall not be modified except in writing, signed by both parties. You may not assign any of your rights, obligations or privileges hereunder without the prior, written consent of BE STILL. Any assignment of the foregoing other than as provided for in this section shall be null and void, ab initio. No wavier of any provision or any right granted hereunder will be effective unless set forth in a written instrument signed by the waiving party. No waiver by either party of any breach or default hereunder shall be deemed a waiver of any subsequent breach or default. You agree not to reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes, any portion of the site or access to the site. The titles and subtitles used in this Agreement are used for convenience only and are not to be considered in construing or interpreting this Agreement.
©BE STILL All rights reserved. 2009.
PRIVACY POLICY
Privacy Policy for This Site
Your privacy on the Internet is of the utmost importance to us. Because we gather certain types of information about the users of this site, we feel you should fully understand the terms and conditions surrounding the capture and use of that information. This privacy policy discloses the privacy practices for this site (“this site”) - what information we gather, how we use it and how to correct or change it. This privacy policy only addresses our activities from our servers. Other sites (including those to which this site links and third party sites or services with which BE STILL may have relationships) may have their own privacy policies and practices, which we do not control, and we are not responsible for nor do we endorse such practices or policies.
GENERAL PRIVACY INFORMATION
This site contains links to partners who may collect data in connection with sweepstakes, promotions, e-commerce, etc. They each have separate privacy and data collection practices, independent of this site and BE STILL has no responsibility or liability for these independent policies or actions and is not responsible for the privacy practices or the content of such sites. Please keep in mind that whenever you voluntarily and publicly disclose personal information on any online service or website - for example through email - that information can be collected and used by others. In short, if you post personal information online that is accessible to the public, you may receive unsolicited messages from other parties in return. Further, while we take reasonable steps to protect your personal information using the security and other measures set forth herein, BE STILL cannot ensure or warrant the security of any information you transmit to us, and you do so at your own risk. You are solely responsible for maintaining the secrecy of your passwords and/or any account information. Please be careful and responsible whenever you are online.
COLLECTION AND USE OF INFORMATION
This site collects information about you both from what you tell us and what we collect through the use of cookies (see Cookies below). You will be required to submit your name and email address when creating an account with BE STILL. We may also ask for such additional demographic information such as geographic location, age, and gender. This additional information is for internal use only and will not be disclosed to any party outside of BE STILL. Information collected about you is used in two different ways. Information is "aggregated" -- meaning that the information from many users is grouped together in a way that does not disclose the personal information of any particular user. We may use this aggregated information to determine user traffic statistics for this site (including without limitation to determine browser usage, duration of stay, the referring URL, IP address geographical location, etc.) and to evaluate which services are successful and which ones are not, and in order to evaluate which new services we should make available on this site. In addition, some of your personal information may be shared with third parties who assist BE STILL in producing its site or provide a service to this site’s users.
REGISTRATION
Anyone who participates in any interactive activities offered on this site may be asked to register for a free ID and password or to complete subscription registration for an ID and password. We use this contact information from this registration form to send the registrant information about BE STILL. Users may always opt-out of receiving any such information either by responding to the relevant communication as directed or by contacting this site (see Contacting the Site and Changing Your Personal Information below). Unique identifiers, such as ID and passwords, are collected to verify the user's identity and for use as account numbers in our record system.
COOKIES
A cookie is a small data file that certain websites write to your hard drive when you visit them. A cookie file can contain information such as a user ID that the site uses to track the pages you've visited. But the only personal information a cookie can contain is information you supply yourself. Generally, cookies work by assigning a unique number to the user that has no meaning outside the assigning site. A cookie can't read data off your hard disk or read cookie files created by other sites. This random number lets us keep track of "how many" times users are doing specific things - like visiting our site each month - without really knowing who those users are. Additionally, after you've entered your member ID and password during a session, we save that information so you don't have to reenter it repeatedly during that session. If a user does not want information collected through the use of cookies, there is a simple procedure in most browsers that allows the user to deny or accept the cookie feature; however, users should note that cookies maybe necessary to provide the user with certain features available on this site.
SECURITY
This site utilizes a variety of security measures to maintain the safety of your personal information. All user contact information is contained behind a "firewall" and only accessible by a limited number of employees who have special access rights to production systems. Passwords and credit card numbers are encrypted in this site's secure database, which is also located behind a firewall. All sensitive/credit information supplied by users is transmitted via Secure Socket Layer (SSL) technology and then encrypted in this site’s databases as stated above.
CONTACTING THE SITE REGARDING CHANGING YOUR PERSONAL INFORMATION
If you choose to modify your personal information or you have forgotten your password, you may do so by contacting BE STILL or requesting a password reset from the login screen. You will be required to submit a valid user ID and password for authentication before you will be able to modify your information. Because password information has been encrypted, it is completely invisible to any employee who accesses it, including our service team. If you desire to change your password, we will reset to a new one after you have properly identified yourself. If you have any questions about this Privacy Policy, the practices of this site with respect to personal information or your dealings with this site, or wish to access or change the personal information we have about you, you can contact us at bestillinfo@bestill.com.
©BE STILL All rights reserved. 2009.