Terms of Use Agreement as of August 18, 2008


Just1word, Inc. (“J1W” or “we”) welcomes you to just1word.com; which is a not-for-profit ministry that promotes God’s Word. There is no charge to use the J1W Website and anyone can use it without registering. J1W Services offered by J1W include any J1W-branded URLs (such as just1word.org which forwards traffic to just1word.com). The Just1word Website (“J1W Website”) and any other features, content, or applications offered from time to time by J1W in connection with J1W’s business (collectively, the "J1W Services"). J1W Services are hosted in the United States.

We ask that you read the following Terms of Use Agreement (“Agreement”), which constitute a license that covers your use of this site and any transactions that you engage in through this site. By accessing, viewing, or using this site you acknowledge that you have read, understand and agree to be bound by this Agreement, whether you are a “Visitor” (which means that you have not registered with J1W), or you are a “Member” (which means that you have registered with J1W). We reserve the right, at our sole discretion, to change, modify, add, or delete portions of this Agreement at any time without further notice. Such modification shall be effective upon posting by J1W on the J1W Website. Your continued use of J1W Services after J1W posts a revised Agreement signifies your acceptance of the revised Agreement. If you do not agree to abide by this or any future Agreement, do not use or access (or continue to use or access) J1W Services or the J1W Website. It is your responsibility to regularly check the J1W Website to determine if there have been changes to this Agreement and to review such changes.

PLEASE READ THIS AGREEMENT CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.

Eligibility

J1W Services are made available to you for personal, non-commercial use only. You may not use J1W Services to sell a product or service or for any other purpose not provided in this Agreement. Any other use of the J1W Website is prohibited. Registration to be a Member of J1W Services (“Membership”) is void where prohibited. The J1W Website is intended solely for users who are fourteen (14) years of age or older. By using J1W Services, 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 14 years of age or older; and (d) your use of J1W Services 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 14 years of age, or if we believe that you are under 18 years of age and you represent yourself as 18 or older, or if we believe you are over 18 and represent yourself as under 18. By using J1W Services or the J1W Website, you agree to abide by all of the terms and conditions of this Agreement.

Term

This Agreement, and any posted revision to this Agreement, shall remain in full force and effect while you use J1W Services or are a Member. You may terminate your Membership at any time, for any reason. J1W may terminate your Membership at any time, for any or no reason, with or without prior notice or explanation, and without liability. Even after Membership is terminated, this Agreement will remain in effect.

Account Security

In consideration of your use of the J1W Website, you agree to provide accurate, current and complete information about you as may be prompted by any registration forms on the J1W Website ("Registration Data"). You further agree to maintain and promptly update the Registration Data, and any other information you provide to J1W, to keep it accurate, current and complete. 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 J1W immediately if you suspect any unauthorized use of your account or access to your password. You agree that you are solely responsible for all use of your account and for any actions that take place using your account.

Visitor and Member Conduct

You understand that J1W Services and the J1W Website are available for your personal, non-commercial use only. You agree that no materials of any kind submitted through your account or otherwise posted, transmitted, or shared by you on or through J1W Services will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material; including but not limited to videos, art or animation, other than those that are of you or your friends or are original and created by you or your friends. 

In addition, you agree that Illegal and/or unauthorized use of J1W Services, including collecting usernames, user id numbers, 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 the J1W Website, or employing third party promotional sites or software to promote profiles for money, is prohibited.

You agree that no materials of any kind submitted through your account or otherwise uploaded, posted, transmitted, shared, stored or otherwise made available by you on or through J1W Services will in any way:

In addition, you agree not to use J1W Services or the J1W Website to:

In addition you agree not to use J1W Services or the J1W Website in any unlawful manner or in any other manner that could damage, disable, overburden or impair the J1W Website; including but not limited to making available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law; or uploading, posting, transmitting, sharing or otherwise making available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.

Just 1Word reserves the right to remove content from Member profiles without notice or explanation in its sole discretion. Member profiles may be removed and may result in termination of Membership privileges. Just1word reserves the right to take appropriate legal action for any illegal or unauthorized use of J1W Services.

Proprietary Rights

J1W Services contain content which may include but is not limited to designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, and their selection and arrangement (the "Site Content") All of this Site Content on the J1W Website and available through J1W Services are the proprietary property of J1W, its members or its licensors with all rights reserved. Site Content is protected by copyright, trademark, patent, trade secret and other laws, and J1W owns and retains all rights to the J1W Website, Site Content and J1W Services. J1W hereby grants you a limited, revocable, non-sublicensable license to reproduce and display the Site Content (excluding any software code) solely for your personal use in connection with viewing the J1W Website and using J1W Services. 
 No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without J1W's prior written permission, except that the foregoing does not apply to your own Member Content (as defined below) that you legally post on the J1W Website. By accepting this Agreement you are granted a limited license to access and use the J1W Website and the Site Content and to download or print a copy of any portion of the J1W Website and the Site Content to which you have properly gained access solely for your personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact. Such license is subject to this Agreement. Any use of the J1W Website or the Site Content other than as specifically authorized herein, without the prior written permission of J1W, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in this Agreement shall be construed as conferring any license to intellectual property rights. This license is revocable at any time without notice and with or without cause.

Member Content Posted on the J1W Website

You are solely responsible for text, files, images, photos, video, sounds, musical works, works of authorship, applications, or any other materials that you upload, publish or display (hereinafter, "post") on or through J1W Services or the J1W Website, or transmit to or share with other Members or Visitors (collectively the "Member Content"). By posting Member Content through J1W Services, you hereby grant to J1W a irrevocable, non-exclusive, fully-paid and royalty-free, sub licensable, and worldwide limited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce, translate, excerpt (in whole or in part) and distribute such Member Content for any purpose, commercial, advertising, or otherwise, on or in connection with the J1W Website or the promotion thereof, to prepare derivative works of, or incorporate into other works, such Member Content, and to grant and authorize sublicenses of the foregoing, and distribute such Member Content solely on or through J1W Services, including without limitation distributing part or all of the J1W Website in any media formats and through any media channels. Further You represent and warrant that you own the Member Content or otherwise have the right to grant such license without violation of the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. You agree to pay for all royalties, fees, and any other monies owing any person or entity by reason of any Member Content posted by you on or through J1W Services. 
J1W does not claim any ownership rights in the Member Content that you post on or through J1W Services. After posting to J1W Services, you continue to retain any such rights that you may have subject to the limited license herein. You understand and agree that J1W may, but is not obligated to, review the J1W Website and may delete or remove (without notice) any Site Content or Member Content in its sole discretion, for any reason or no reason, including Member Content that in the sole judgment of J1W violates this Agreement, or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of others. You are solely responsible at your sole cost and expense for creating backup copies and replacing any Member Content you post or store on the J1W Website. You may remove your Member Content from the J1W Website at any time, however you acknowledge that J1W may retain archived copies of your Member Content. J1W may reject, refuse to post or delete any Site or Member Content for any or no reason, including Member Content that in the sole judgment of J1W violates this Agreement or which may be offensive, illegal or violate the rights of any person or entity, or harm or threaten the safety of any person or entity. J1W assumes no responsibility for monitoring the J1W Services for inappropriate Member Content or conduct. If at any time J1W chooses, in its sole discretion, to monitor the J1W Services, J1W nonetheless assumes no responsibility for the Member Content, no obligation to modify or remove any inappropriate Member Content, and no responsibility for the conduct of the Member submitting any such Member Content. J1W reserves the right to investigate and take appropriate legal action against anyone who, in J1W's sole discretion, violates this provision, including without limitation, removing the offending Member Content from J1W Services and terminating the Membership of such violators.

Member Disputes

You are solely responsible for the Member Content that you post on or through any of J1W Services, and any material or information that you transmit to other Members and for your interactions with other Members. We reserve the right, but have no obligation, to monitor, or become involved in any way with disputes between you and other Members or Visitors.

Privacy

Use of J1W Services is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference.

Disclaimers

J1W is not responsible for, or liable in any manner for and makes no warranties, express or implied, as to the Member Content or the accuracy and reliability of the Member Content posted on or through J1W Services, whether caused by Members of J1W Services or by any of the equipment or programming associated with or utilized in J1W Services and such Member Content does not necessarily reflect the opinions or policies of J1W. J1W’s directors, employees and agents are not counselors or theologians. Although we provide rules for Member and Visitor conduct and postings, we do not control and are not responsible for what Members post, transmit or share on the J1W Website and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable Site or Member Content you may encounter on the J1W Website or in connection with any Member Content. J1W is not responsible for the conduct, whether online or offline, of any Member or Visitor of the J1W Website or J1W Services. 

 Profiles created and posted by Members on the J1W Website may contain links to other websites. J1W is not responsible for the content, accuracy or opinions expressed on such websites, and such websites are not necessarily investigated, monitored or checked for accuracy or completeness by J1W. Inclusion of any linked website on J1W Services does not imply approval or endorsement of the linked website by J1W. When you access these third party sites, you do so at your own risk. J1W takes no responsibility for third party advertisements or third party applications that are posted on or through J1W Services, nor does it take any responsibility for the goods or services provided by its advertisers.

J1W is not responsible for the conduct, whether online or offline, of any Member or Visitor of J1W Services. J1W 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 Member or Visitor or Member communication. J1W 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 J1W Services or combination thereof, including any injury or damage to Members or Visitors or to any person's computer related to or resulting from participation or downloading materials in connection with J1W Services. Under no circumstances shall J1W be responsible for any loss or damage, including personal injury or death, resulting from use of the J1W Services, attendance at a J1W event, from any Member Content posted on or through J1W Services, or from the conduct of any Members or Visitors of J1W Services, whether online or offline. J1W Services are provided "AS-IS" and as available and J1W expressly disclaims any warranty of fitness for a particular purpose or non-infringement. J1W cannot guarantee and does not promise any specific results from use of J1W Services.

Limitation on Liability

IN NO EVENT SHALL J1W OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE J1W WEBSITE OR J1W SERVICES OR ANY OF THE J1W WEBSITE CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE J1W WEBSITE, EVEN IF J1W IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, J1W'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 J1W FOR J1W SERVICES DURING THE TERM OF MEMBERSHIP.

Termination

J1W may terminate your Membership, delete your profile and any Member Content or information that you have posted on the J1W Website and/or prohibit you from using or accessing J1W Services or the J1W Website or any portion, aspect or feature of J1W Services or the J1W Website for any reason, or no reason, at any time in its sole discretion, with or without notice, including if we believe that you are under 14. When we are notified that a Member has died, we will generally, but are not obligated to, keep the Member's account active under a special memorialized status for a period of time determined by us to allow other Members to post and view comments.

Disputes

This Agreement shall be governed by, and construed in accordance with, the laws of the State of Indiana, without regard to its conflict of law provisions. You and J1W agree to submit to the exclusive jurisdiction of the courts located within the State of Indiana to resolve any dispute arising out of the Agreement or J1W Services.

EACH OF THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING BUT NOT LIMITED TO ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT. FURTHER, EACH PARTY HERETO CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF EITHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH PARTY WOULD NOT IN THE EVENT OF SUCH LITIGATION, SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION. EACH OF THE PARTIES ACKNOWLEDGES THAT THIS SECTION IS A MATERIAL INDUCEMENT FOR THE OTHER PARTY ENTERING INTO THIS AGREEMENT.

Indemnity

You agree to indemnify and hold J1W, its subsidiaries, and affiliates, and their respective directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, damages, demand, cost and expense, including reasonable attorneys' fees, made by any third party due to or arising out of your use of J1W Services 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 in this Agreement and/or if any Member Content that you post on or through the J1W Services causes J1W to be liable to another.

Other

This Agreement is accepted upon your use of the J1W Website or any of the J1W Services, even as a Visitor, and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and J1W regarding the use of the J1W Services. The failure of J1W to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.