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Terms of Service for The Christian Science Publishing Society Online Shop

Effective April 11, 2017

WELCOME
, and thank you for your interest in The Christian Science Publishing Society Online Shop
available at
http://christianscience.buysub.com/ (“Site”). 

The Christian Science Publishing Society and its affiliate The First Church of Christ, Scientist and their directors, officers, trustees, employees, agents, representatives, affiliates, contractors, and/or service providers ("CSPS," “we,” or “us”) is pleased to offer you access to the Site and services offering Christian Science products for sale (collectively with the Site, the "Service").

These terms of service, and any future modifications and documents incorporated by reference (collectively, the "Terms") form an agreement between you and CSPS. By using this Service,  you accept and agree to abide by these Terms and the Service’s Privacy Policy, incorporated into these Terms by reference. CSPS reserves the right to change these Terms at any time. We will post notice of modification to these Terms on this page. Changes will become effective 14 days after they are posted. CSPS may update or change the Service or its content at any time without notice.
In these Terms, "both of us" means both you and us; "Content" means information, data, text, software, music, sound, photographs, button icons, logos, graphics, video, messages or other materials, and the compilation of materials that we may make available through the Service; “you" means the person or company using the Service; and "Your Data" means information, data, text, messages or other materials made available through the Service by you.

THE SERVICE

We provide you with a variety of products through the Service. Unless explicitly stated otherwise, any new features that augment or enhance the current Service shall be subject to these Terms. The Service is provided "AS-IS," and we assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.

COPYRIGHT IN SERVICE AND CONTENT
The Service and Content, including their related software, are owned or controlled by CSPS, its affiliates, and/or its suppliers and are protected by copyright, trade dress, database, trademark, patent, privacy and other applicable laws of the United States and of other countries. Except as expressly authorized by CSPS, you agree not to sell, license, distribute, reproduce, publicly perform or display, broadcast or transmit, publish, modify, edit, adapt, translate, compile, create derivative works from, or otherwise make unauthorized use of the Service or Content. All rights not expressly granted through the Terms are reserved. If you believe this Service is infringing your copyright, please contact us at copyright@csps.com
.

USE OF SERVICE AND CONTENT

You may view, download, and print Content from this Service for your personal, noncommercial home use only. You may not modify, publicly display, publicly perform, sell, republish, redistribute, or reproduce in quantity any Content or products from this Service without the express written permission of CSPS. You may not exploit any portion of the Service (including your account name), use of the Service, or access to the Service for any commercial purposes. Please see section “Other agreements; software, services or access” for any exceptions. You may not access the Service by any means other than through the interface provided.

You may not use the Service to produce and distribute print or electronic copies of the Christian Science Quarterly Bible Lessons, copyrighted by CSPS, for general or public distribution through sale, rental, lending, or any other means. Please see [http://biblelesson.christianscience.com/terms-of-service] for terms relating to sharing Christian Science Quarterly Bible Lessons.
Once Content has been deleted, it is no longer available. Deleted Content may be made available by The Christian Science Publishing Society in a different format in the future.
For information about using Content in any other way, please e-mail: permissions@csps.com
.
By using the Service, you agree not to:
  • Use the Service for any illegal or unlawful purpose.
  • Attempt to modify the Service or interfere with the proper working of the Service.
  • Attempt to gain unauthorized access to the Service, other accounts, computer systems or networks connected to the Service, through hacking, password mining, or any other means.

OTHER AGREEMENTS; SOFTWARE, SERVICES OR ACCESS
You may be subject to additional terms and conditions that may apply when you use or purchase certain other services, affiliate services, third-party content, or third-party software.We may provide software products or services under the terms of a separate agreement between you and a third party (each, an “Other Agreement”). Our obligations with respect to any product, service, or access that such third party makes available to you shall be governed solely by the Other Agreement, and these Terms shall not be deemed or construed to alter the terms of such Other Agreement.

TRADEMARKS

All trademarks, logos, and images of this Web site's goods and services are property of The Christian Science Publishing Society or its affiliates, and may not be used in any manner without obtaining written permission.  The design of the Cross and Crown seal, the Mary Baker Eddy signature, and CONCORD are either trademarks, service marks, or registered trademarks of The Christian Science Board of Directors in the United States and in other countries.  All other trademarks are the property of their respective owners.

YOUR REGISTRATION OBLIGATIONS

Certain portions of the Service may require you to provide personal information through a registration process. If you register, you represent that you:
  • Are at least 18 years old
  • Are not barred from receiving services under the laws of the United States or other applicable jurisdiction
  • Will provide true, accurate, current and complete information about yourself when registering ("Registration Data")
  • Will maintain and promptly update the Registration Data to keep it true, accurate, current and complete

If you provide, or we have reasonable grounds to suspect you have provided, any information that is untrue, inaccurate, not current or incomplete, we may suspend or terminate your account and refuse current or future use of the Service.

MEMBER ACCOUNT, PASSWORD AND SECURITY

In order to access this Service, you are required to create an account by establishing a username and password. You are responsible for maintaining the confidentiality of your username and password and are fully responsible for all activities that occur under your account. You must (a) immediately notify us of any unauthorized use of your account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. We are not liable for any loss or damage arising from your failure to comply with this Section.

PRIVACY POLICY; USE OF PERSONALLY IDENTIFIABLE DATA

Collection and use of Registration Data and certain other information about you is subject to our Privacy Policy. You agree to the transfer of this information to the United States and/or other countries for storage, processing, and use by us, our affiliates, and our service providers. The Privacy Policy is hereby incorporated into these Terms by reference.

POSTINGS AND OTHER SUBMISSIONS OF USER CONTENT
If you submit statements, questions or comments to the Service, such as product reviews, you grant CSPS a nonexclusive, worldwide, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, edit, modify, adapt, publish, translate, create derivative works from, distribute, and display such statements, questions or comments, in whole or in part, in any media, now known or later developed, with or without name attribution. You also warrant that the submission does not violate the rights of any third party.  We advise using discretion in submitting personal information (such as your full name or email address) in the text of your product reviews.   You may not post any of the following material on the site:
  • Material which defames, abuses, or threatens others, or which contains vulgar, obscene, or indecent language or images.
  • Statements that are bigoted, hateful, or racially offensive.
  • Material that advocates illegal activity or discusses illegal activities with the intent to commit them.
  • Unauthorized copyrighted material.
  • Advertising or any form of commercial solicitation.
Statements or postings that violate these terms will be deleted upon discovery.


Notice and procedure for making claims of copyright infringement

If you believe the Site is infringing your copyright, TFCCS will take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(2) (“DMCA”). Pursuant to the DMCA, written notification of claimed copyright infringement may or should be submitted to the following Designated Agent for the Site:Service provider(s): The First Church of Christ, ScientistName of Designated Agent to receive notification of claimed infringement: Edwin R. Blomquist, Jr.Full address of Designated Agent to which notification should be sent: 210 Massachusetts Avenue, P03-10, Boston, MA 02115-3012Telephone number of Designated Agent: 617-450-2000Email address of Designated Agent: copyright@csps.comTo be effective, the notification must include the following:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  • 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.
  • Identification of the material that is claimed 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 the service provider to locate the material.
  • Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted.
  • A statement that the complaining party has 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.
  • A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

INTERNATIONAL AND INTERSTATE NATURE OF COMMUNICATIONS

You acknowledge that in using the Service, you may be sending electronic communications through our and our service providers’ computer networks, portions of which may be located in various jurisdictions in or outside the United States. Accordingly, by agreeing to these Terms, you acknowledge that use of the Service may result in interstate or international data transmissions. Recognizing the global nature of the Internet, you agree to comply with all applicable laws regarding online conduct, acceptable content, and transmission of data in your use of the Service.


INDEMNITY

You agree to indemnify, defend (at our election) and hold harmless CSPS, its affiliated entities,  officers, directors, trustees, employees, contractors, agents, and third-party suppliers, from any claims, losses, damages, liabilities, and expenses (including without limitation reasonable attorneys’ fees and costs), arising out of your use or misuse of the Site, any breach or alleged breach by you of these Terms or of the copyright, trademark, proprietary or other rights of third-parties. CSPS reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify CSPS, and you agree to cooperate with CSPS in the defense of such claims.


MODIFICATIONS TO AND TERMINATION OF SERVICE
CSPS may in its sole discretion and at any time update, change or terminate the Service and its Content, and may terminate your account or access rights to this Service. You agree that any termination of the Service or your access to the Service may be effected without prior notice. These Terms and Privacy Policy shall survive termination. CSPS shall not be liable to you or any third party for terminating the Service.

ACCOUNT MODIFICATION AND TERMINATION
If you created an account, you may modify it at any time. If you have any questions about or would like to inactivate your account, please contact us at CSPSShop@cdsfulfillment.com or call us at 1-800-877-8400.

DISCLAIMER OF WARRANTIES

a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

b. WE MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SERVICE WILL BE CORRECTED.

c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

e. THE CHRISTIAN SCIENCE PUBLISHING SOCIETY IS NOT RESPONSIBLE IN ANY WAY FOR THE CONDUCT OF USERS OF THIS SITE OR INFORMATION EXCHANGED OR POSTED ON THIS SITE, INCLUDING A CLAIM OF DEFAMATION.

LIMITATION OF LIABILITY

WE SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OF OR THE INABILITY TO USE THE SERVICE; (ii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (iv) ANY OTHER MATTER RELATING TO THE SERVICE.

EXCLUSIONS AND LIMITATIONS

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS  MAY NOT APPLY TO YOU.

NO THIRD PARTY BENEFICIARIES

Except as otherwise expressly provided in these Terms, there shall be no third party beneficiaries to these Terms.

GENERAL INFORMATION

Applicable Law
All disclaimers, policies, terms, conditions, and disputes hereunder will be governed by the laws of the Commonwealth of Massachusetts and the United States, without regard to their choice of law principles.

Your exclusive forum for bringing any claim or cause of action against us is the courts located in the City of Boston, Massachusetts U.S.A. You hereby accept and submit to the personal and exclusive jurisdiction of such courts in any proceeding or action. With respect to any such proceeding or action brought in such courts, you hereby irrevocably waive, to the fullest extent permitted by law: (a) any objection you may have now or in the future to such jurisdiction or venue, and (b) any claim that such action or proceeding has been brought in an inconvenient forum. Nothing limits our right to commence and prosecute any legal or equitable action or proceeding before any court of competent jurisdiction to obtain injunctive or any other form of relief.
Waiver and Severability of Terms. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.
No Right of Survivorship and Non-Transferability. Your account is non-transferable and any rights to your account or contents within your account terminate upon your death.

No Personal Liability. No director, officer, trustee, employee, or agent of TFCCS or its affiliates shall be personally liable for the performance of or failure to perform any provision of these Terms.