1. INTRODUCTION AND ACCEPTANCE OF USE
3. INTELLECTUAL PROPERTY
The Site, including the software and code that comprises and operates the Site and all of the content of the Site, for example, all of the text, papers, documents, curriculum, stories, books, images, illustrations, graphics, audio clips, and video clips published on the Site (collectively, the “Content”), are protected under trademark, service mark, trade dress, copyright, patent, trade secret and other intellectual property laws. All of the rights in the Site, including all of the rights in the Content, are owned by Compassion or its licensors, and other third parties. The Site is copyrighted as a collective work under U.S. and international copyright laws and treaties, and Compassion or one of its subsidiaries owns the copyright in the selection, coordination, arrangement and enhancement of the Site.
4. COMPASSION TRADEMARKS
The trademarks and service marks used or displayed on the Site (“Trademarks”) are registered and unregistered trademarks of Compassion, one of its subsidiaries, or third parties. Nothing on the Site may be construed as granting — by implication, estoppel, or otherwise — any license or right to use any Trademarks displayed on the Site without the prior express written permission of Compassion or the trademark owner, as applicable. In particular, you may not use any trademark displayed on the Site as a “hot” link without the prior written approval of the trademark owner.
You recognize that the Trademarks possess a unique character, which makes it difficult to assess the monetary damages Compassion would sustain in the event of unauthorized use. You acknowledge that such unauthorized use would cause Compassion irreparable injury. In the event of any actual or threatened unauthorized use or disclosure of the Trademarks, Compassion will be entitled to obtain injunctive and all other appropriate relief from a court of competent authority, without being required to: (i) show any actual damage or irreparable harm, (ii) prove the inadequacy of its legal remedies, or (iii) post any bond or other security.
5. ACCESS AND USE OF SITE AND CONTENT
Individual users of the Site are permitted to download copies of the Content on the Site for their own personal use and not for any commercial purpose. This limited, revocable privilege to use the Content in no way constitutes a transfer of any right, title or interest in the Content you download. You may not, under any circumstances, (a) modify the Content or use or exploit it for any commercial purpose, or for any public display, performance, sale or rental other than limited distribution in connection with your personal use; (b) decompile, reverse engineer, or disassemble any part of the Site or the Content; or (c) remove any copyright, trademark registration, or other proprietary notices from the Content. The use of any Content or other materials from the Site on any other Web site or networked computer environment is prohibited. Compassion has the right to enforce its intellectual property rights to the fullest extent of the law.
Your use of the Content may not violate any law or regulation, and when using the Site, you will comply with all applicable federal, state and local laws including, without limitation copyright law and you will abide by Compassion’s standards, policies and guidelines. Further, you will not misrepresent Compassion in any way, including as part of any use of the Trademarks or the Content and you will not use any of the Trademarks or Content in a manner that is offensive or is unflattering or derogatory to Compassion.
6. RESERVED RIGHTS
For any of the Content or the Trademarks, Compassion will have the right to terminate your right to use the Content or the Trademarks and to withdraw authorization granted hereunder in the event Compassion no longer controls the rights necessary to grant the rights hereunder or in the event that in Compassion’s sole business judgment Compassion deems it appropriate to do so.
THE SITE, THE CONTENT, THE TRADEMARKS AND ALL INFORMATION, PRODUCTS AND SERVICES MADE AVAILABLE THROUGH THE SITE ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, COMPASSION DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THE SITE, THE CONTENT, THE TRADEMARKS AND ALL INFORMATION, PRODUCTS AND SERVICES MADE AVAILABLE THROUGH THE SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, COMPASSION DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, (A) OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; (B) ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE; (C) RELATING TO THE SECURITY OF THE SITE; OR (D) THAT THE SITE WILL OPERATE WITHOUT INTERRUPTION OR ERROR.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF CERTAIN WARRANTIES, SO THIS ALL OR PART OF THIS DISCLAIMER OF WARRANTIES MAY NOT APPLY TO YOU.
9. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, WILL COMPASSION, OR ANY OF ITS EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS, LICENSORS OR SUPPLIERS, BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SITE, ANY CONTENT, ANY TRADEMARKS OR ANY INFORMATION, PRODUCTS OR SERVICES PROVIDED THROUGH THE SITE.
THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF INCOME OR PROFITS), WHETHER THE CLAIM IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER LEGAL THEORY, EVEN IF AN AUTHORIZED REPRESENTATIVE OF COMPASSION HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND WITHOUT REGARD TO THE EFFECTIVENESS OF OTHER REMEDIES.
IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF COMPASSION (AND ANY OTHER PERSON OR ENTITY WHOSE LIABILITY WOULD OTHERWISE HAVE BEEN LIMITED) FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED FIVE DOLLARS ($5.00).
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO ALL OR PART OF THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU.
10. CHOICE OF LAW.
ForChildren.com, presented by Compassion International, offers ideas, learning opportunities and relationships to help equip people who work with children-at-risk. We are a worldwide community of Jesus-followers who are committed to the holistic development of children. We invite you to join us as a collaborative community to share with one another the ideas, experiences, methods and tools that help children thrive even in the midst of adversity.
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