PLEASE READ THIS TERMS OF USE LICENSE AGREEMENT CAREFULLY

 

Seasons of the Spirit

ENCORE – Web Delivery

 

This License Agreement (“Agreement”) is a legal Agreement between you and Wood Lake Publishing Inc. (WLP) and sets forth the terms under which Wood Lake Publishing Inc. (“WLP”) is willing to grant the Congregation or other qualifying organization identified on the Website membership registration form (the “Congregation”) access to and use of the Seasons of the Spirit SeasonsENCORE Age-Level content (“Membership”) available on SeasonsOnline.ca (the “Website”), and to any Seasons of the Spirit content (e.g., art posters and music) that may be shipped separately to the Congregation. You or the Congregation on whose behalf you are entering into this Agreement are referred to herein as “you.”

By completing the required registration data, clicking on the “I agree to the above terms of use” checkbox, and clicking on the “Complete sign up” button, you acknowledge that you have read this Agreement, understand it, and agree to be bound by it. If you do not agree to any of the terms below, WLP is unwilling to grant you a membership, and you should not complete the registration process.

 

WLP may change the terms of this Agreement and any other guidelines and rules posted on the Website from time to time at its sole discretion. Your access to and use of the Website is subject to the most current version of this Agreement posted on the Website at the time of such use. Please check the “Terms of Use” link on the SeasonsOnline.ca home page to view the current terms. Your continued access to or use of the Website constitutes your acceptance of the changes.

 

1. LICENSE RIGHTS/PERMISSIONS

Subject to the terms and conditions of this Agreement, and subject to payment of the Membership Fee for your Congregation, which is the total amount set forth in the registration pages of the Website (“Membership Fee”), WLP hereby grants you a limited, non-exclusive license during the Term of the Agreement (as defined below) to access and use the Website and the content it contains, and to grant members of the Congregation registered by you pursuant to the terms of this Agreement (“Authorized Users”), permission to access and use the Website, as described herein.

 

a. Your payment of the Membership Fee for this Seasons of the Spirit SeasonsENCORE Age-Level resource equips and entitles up to three Authorized Users (Leaders) each week to access and use the resource with one group of up to 12 participants (15 for multiage). If your congregation has more than one group in any age level, you will need to purchase a Membership for the associated Age-Level for each group.

 

i) if multiple Memberships are purchased for the exact same SeasonsENCORE Age-Level resource, you may add up to three Authorized Users for each additional Membership Fee paid.

 

b. Your payment of the Membership Fee for this Seasons of the Spirit SeasonsENCORE Age-Level resource entitles you to store the resources downloaded from the Website on a maximum of three computers, during the Term of this Agreement only.

 

i) if multiple Memberships are purchased for the exact same SeasonsENCORE Age-Level resource, you may store the resources downloaded from the Website on an additional three computers for each additional Membership Fee paid, during the Term of this Agreement only.

 

c. WLP grants you permission to make up to 12 copies (15 for multiage) of any SeasonsENCORE page that bears the photocopy/duplicating symbol.

 

d. WLP does not have the right or the means, under any circumstances, to grant you permission to make copies of the art posters or of the full music settings or of the articles or materials that are not marked with the duplicating/photocopy symbol. Those rights remain with the creator/copyright holder of each work.

 

You are further granted a license to:

 

e. reproduce, display, project, and distribute printed copies or electronic files of material from the Website to or for Authorized Users.

 

f. permit Authorized Users to demonstrate the Website, and project or print content from the Website, at events sponsored by the Congregation (e.g., training workshops and conferences), provided that any content downloaded and printed from the Website must be destroyed following the completion of any such event, except as expressly permitted herein;

 

g. display or publicly perform any content obtained from the Website at events sponsored by the Congregation; and

 

h. use material in any other way expressly permitted by this Agreement.

 

2. DOWNLOADABLE MP3, SHEET MUSIC, and ART FILES

All downloadable MP3, sheet music, and art files offered on the SeasonOnline.ca website are subject to a separate Terms of Use Agreement, which must be accepted prior to download.

 

3. COPYRIGHT

Unless otherwise indicated, all content on the Website is copyright © Wood Lake Publishing and you may not use or copy this content, in whole or in part, except as provided for in this Agreement, without the express written permission of Wood Lake Publishing.

 

Artwork and music may not be duplicated under any circumstance, without the express written permission of the original copyright holder. Respecting copyright is a matter of respecting the rights, work, and gifts of the people who compose and perform music, make art, and write or otherwise create the resources we love. To duplicate these resources without express permission and/or to use them after the Term of this Agreement (permission to use date) has passed is theft and jeopardizes the ability of all contributors to earn a fair living.

 

Seasons of the Spiritis published without subsidy by Wood Lake Publishing Inc., an independent publisher. The ability of WLP to continue to offer this resource, complete with up-to-date web support, depends on your fair use. Thank you in advance for honouring both the letter and the spirit of the law regarding copyright.

 

4. RESTRICTIONS

You may not access, use or copy the Website or any of its content, in whole or in part, except as expressly provided in this License Agreement.

 

Except where expressly permitted by this License Agreement or where permission is expressly given within the contents of the SeasonsENCORE Age-Level material itself, you may not modify, reproduce, create derivative works of, distribute, sell, resell, lend, loan, lease, license, sublicense or transfer your rights to use and access the Website or any of its contents.

 

You may not reverse engineer, disassemble, decompile, or translate the Website, or otherwise attempt to derive the source code of or any trade secrets embodied in the Website or any software related thereto, or authorize any third party to do any of the foregoing, except to the extent allowed under any applicable law. The Website may contain trade secrets, trademarks, patents, and copyrights owned by WLP and you will hold in strict confidence any information provided by WLP about the Website, including information or ideas related to WLP’s future plans for the Website.

 

All passwords or user IDs used to access and use the licensed SeasonsENCORE Age-Level resources must be held in strict confidence. You may not allow any access to or use of the licensed SeasonsENCORE Age-Level resources by anyone other than designated Authorized Users. Any attempt to transfer any of the rights, duties, or obligations contained in this Agreement (including, without limitation, by disclosing user IDs or passwords or otherwise allowing unauthorized use of the Website by third parties) not in accordance with the foregoing is null and void and without any force or effect, and is cause for immediate termination of this Agreement.

 

5. TERM

a. The Term of this Agreement, and therefore all Terms of Use, begin once registration is completed. The Term of this Agreement ends on the last day of the specified date range included as part of the title of the SeasonsENCORE Age-Level product and/or as printed on the SeasonsENCORE Age-Level product itself.

 

b. Regardless of when this License was entered into, as represented by the date on which registration is completed and of payment of the SeasonsENCORE Membership Fee is received, the term of this Agreement always ends on the last day of the specified date range included as part of the title of the SeasonsENCORE Age-Level product and/or as printed on the SeasonsENCORE Age-Level product itself.

 

c. At the end of the Term of this Agreement, you must immediately cease all use of the SeasonsENCORE Age-Level materials associated with this Membership and delete/destroy any material you have downloaded and stored on computer(s) and/or printed.

 

d. The Term of this Agreement – regardless of whether an annual or quarterly Membership was purchased – is NOT automatically renewing. You must renew this Agreement by purchasing subsequent quarterly Memberships or a 12-Month Membership in order to have continued access Seasons resources.

 

e. This Agreement may be terminated:

 

i. by you or the Membership Coordinator or another authorized representative of the Congregation upon written notice to WLP.

ii. by WLP immediately upon written notice to you if you, or any Authorized Users, or any other member of the Congregation, or any other individual or entity acting on behalf of the Congregation has shared a User ID and password or otherwise granted a third party access to the licensed SeasonENCORE Age-Level resource, or facilitated use of the same by a third party, without authorization of WLP, or is otherwise in violation of this Agreement, or has otherwise breached any term of this Agreement.

 

f. Upon expiration or termination of this Agreement for any reason:

 

i. your Membership and the License Rights/Permissions set forth in Section 1 will terminate and you must immediately cease all use of the Website and delete/destroy any material you have downloaded, stored on computer(s) and/or printed;

ii. you will not be entitled to receive a refund of any Membership Fee already paid by you;

iii. all user IDs and passwords assigned to or by the Authorized Users will be disabled; and

iv. Sections 3, 4, 5, 9, 11, 12, 13, 14, 15, and 16 will survive any expiration or termination of this Agreement.

 

6. MEMBERSHIP FEE

a. Membership Fee refers to the total amount paid for the License to access the resources ordered.

 

b. Upon your completion of the registration process and acceptance of this Agreement you will be asked to provide your credit card information, and your credit card will be charged the full amount of the Membership Fee.

 

c. Resource prices will be adjusted annually.

 

d. You may purchase additional resources throughout the year.

 

e. You are responsible for all charges and fees associated with connecting to the Internet in order to access the Website.

 

7. REFUNDS AND EXCHANGES

a. SEP-AUG (12-month) Web Memberships may be refunded up to six weeks after the receipt of the Membership Fee. Quarterly Web Memberships will not be refunded.

 

b. SEP-AUG (12-month) or Quarterly Web Membership may be exchanged for the equivalent Print product(s) upon receipt of payment for the difference between the Web Membership Fee and the equivalent Print product(s), and necessary shipping/handling charges.

 

c. SEP-MAY (9-month) Print or Disk products may be refunded up to six weeks after the receipt of the products. Quarterly Print products will not be refunded unless they have not yet been received by customer.

 

d. SEP-MAY (9-month) Print or Disk products may be exchanged and credited for the equivalent SEP-AUG (12-month) Web Membership. Credit for Print or Disk products will be applied to customer credit card upon return of Print or Disk products in saleable condition, at customer’s expense.

 

8. AUTHORIZED USER ACCESS

Upon completion of your registration, the Membership Coordinator designated during your registration process (“Membership Coordinator”) will be able to access the Website and will be able to register individual members of the Congregation as Authorized Users of the Website. All Authorized Users must be registered by (or the individual’s registration must be approved by) the Membership Coordinator prior to such Authorized User gaining access to the Website.

 

9. OWNERSHIP

The resources contained on this Website, and access to them, are licensed, not sold, to you for use only under the terms of this Agreement. WLP reserves all rights not expressly granted to you. Except as may be otherwise expressly set forth in any Additional Terms, under no circumstances will you be deemed to receive title to or ownership of any portion of the Website or its contents, any modifications or derivative works thereof, or any intellectual property rights thereto (including, without limitation, copyrights, patents and trade secrets incorporated or embodied therein), title to and ownership of which at all times shall remain vested exclusively in WLP. All information, comments, feedback, ideas, questions, designs, data or the like regarding the Website or Seasons of the Spirit submitted by you to WLP via any means (collectively, “Feedback”) will be considered NON-CONFIDENTIAL and NON-PROPRIETARY. You assign to Wood Lake, free of charge, all rights, title and interest, including all intellectual property rights, in any Feedback you submit, and Wood Lake is entitled to use any Feedback for any purpose whatsoever, without restriction and without attribution or compensation to you.

 

10. INFORMATION

In order to complete your Membership registration, you will be required to provide certain personal information, including without limitation your name, telephone number, and e-mail address, as well as information related to the Congregation. Such information is managed in accordance with our Privacy Policy. You hereby represent and warrant that all information provided to WLP at time of registration for this Membership is complete, true, and correct, and you agree to update such information as necessary to keep it accurate (updates may be made by the Membership Coordinator on the Website).

 

11. ADDITIONAL TERMS/PRIVACY POLICY

Use of this Website is subject to the terms and conditions of this Agreement and of the WLP Privacy Policy, and of any other administrative guidelines that may be set forth from time to time regarding the administration of Website accounts and other technical and administrative details regarding the Website (collectively the “Additional Terms”), which are hereby incorporated into this Agreement. You agree to abide by all Additional Terms.

 

12. WARRANTY DISCLAIMER

This Website and its contents are provided to you strictly “As Is” and WLP and its suppliers and licensors expressly disclaim any and all warranties and representations of any kind with regard to any subject matter of this agreement, including, without limitation, any warranty of non-infringement, title, fitness for a particular purpose, functionality or merchantability, and accuracy of results or information, whether express, implied, or statutory. No oral or written information or advice given by WLP, its employees, distributors, or representatives will increase the scope of the above warranties or create any new warranties.

 

13. LIMITATION OF REMEDIES

Regardless of whether any remedy set forth herein fails in its essential purpose or otherwise, in no event will WLP or its suppliers be liable to you or to any third party for any lost data, or other special, indirect, incidental or consequential damages of any kind arising out of the use or inability to use the Website or any data supplied on it, even if WLP has been advised of the possibility of such loss or damages and whether or not such loss or damages are foreseeable. In no event will the liability of WLP arising out of or related to this Agreement or the Website exceed the amount of the Membership Fee you have paid. Each party expressly acknowledges and agrees that the foregoing limitations of liability and allocation of risk reflect part of the bargained-for exchange of the parties with respect to this Agreement.

 

14. AUTHORITY AND INDEMNITY.

You represent and warrant that you are at least 18 years of age, that you have the full right, power and authority to enter into this Agreement on behalf of the Congregation, that this Agreement has been duly authorized by the Congregation, and that this Agreement will constitute the legal, valid and binding obligation of the Congregation, enforceable against the Congregation in accordance with its terms. You hereby agree to indemnify and hold WLP harmless from any and all claims, damages, losses and expenses (including, without limitation, lawyers’ fees) arising from or relating to: (a) any breach of this Section 14 or any other representations and warranties made by you in this Agreement; (b) any breach by you as an individual, the Congregation, or any officers, directors, representatives, or agents of the Congregation, of any other terms of this Agreement; and (c) any violation of this Agreement by any Authorized User of the Congregation.

 

15. GOVERNING LAW

This Agreement will be governed by the laws of the Province of British Columbia. Any action or lawsuit related to this Agreement must be brought in either the Federal or Provincial courts of the Province of British Columbia.

 

16. ENTIRE AGREEMENT

If any provision of this Agreement is held to be unenforceable, that provision will be removed to the extent necessary to comply with the law, and the remaining provisions will remain in full force. The failure of either party to require performance by the other party of any provision contained in this Agreement shall not affect the full right to require such performance at any time thereafter, nor shall the waiver by either party of a breach of any provision of this Agreement be taken or held to be a waiver of the provision itself. Neither this Agreement nor any of your rights or obligations hereunder may be assigned by you without the prior written approval of WLP. Any assignment in derogation of the foregoing shall be null and void. The parties to this Agreement are independent parties and neither acquires under this Agreement any right or ability to bind or enter into any obligation on behalf of the other. This Agreement, together with the Additional Terms, is the complete and exclusive statement of the agreement between the parties, and this Agreement supersedes any proposal or prior agreement, oral or written, and any other communications between the parties in relation to the subject matter of this Agreement.

 

THIS WEBSITE AND ITS CONTENTS ARE PROTECTED BY CANADIAN COPYRIGHT LAW AND INTERNATIONAL TREATY.

 

UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS SUBJECT TO CIVIL AND CRIMINAL PENALTIES.

PLEASE READ THIS TERMS OF USE LICENSE AGREEMENT CAREFULLY

 

Seasons of the Spirit

FUSION – Web Delivery

 

This License Agreement (“Agreement”) is a legal Agreement between you and Wood Lake Publishing Inc. (WLP) and sets forth the terms under which Wood Lake Publishing Inc. (“WLP”) is willing to grant the Congregation or other qualifying organization identified on the Website membership registration form (the “Congregation”) access to and use of the Seasons of the Spirit SeasonsFUSION content (“Membership”) available on SeasonsOnline.ca (the “Website”), and to any Seasons of the Spirit content (e.g., art posters and music) that may be shipped separately to the Congregation. You or the Congregation on whose behalf you are entering into this Agreement are referred to herein as “you.”

By completing the required registration data, clicking on the “I agree to the above terms of use” checkbox, and clicking on the “Complete sign up” button, you acknowledge that you have read this Agreement, understand it, and agree to be bound by it. If you do not agree to any of the terms below, WLP is unwilling to grant you a membership, and you should not complete the registration process.

 

WLP may change the terms of this Agreement and any other guidelines and rules posted on the Website from time to time at its sole discretion. Your access to and use of the Website is subject to the most current version of this Agreement posted on the Website at the time of such use. Please check the “Terms of Use” link on the SeasonsOnline.ca home page to view the current terms. Your continued access to or use of the Website constitutes your acceptance of the changes.

 

1. LICENSE RIGHTS/PERMISSIONS

Subject to the terms and conditions of this Agreement, and subject to payment of the Membership Fee for your Congregation, which is the total amount set forth in the registration pages of the Website (“Membership Fee”), WLP hereby grants you a limited, non-exclusive license during the Term of the Agreement (as defined below) to access and use the Website and the content it contains, and to grant members of the Congregation registered by you pursuant to the terms of this Agreement (“Authorized Users”), permission to access and use the Website, as described herein.

 

a. Your payment of the Membership Fee for the Seasons of the Spirit SeasonsFUSION resource equips and entitles up to three Authorized Users (Leaders) each week to access and use this resource within the congregation.

 

i) if multiple Memberships are purchased for the exact same SeasonsFUSION resource, you may add up to three Authorized Users for each additional Membership Fee paid.

 

b. Your payment of the Membership Fee for the Seasons of the Spirit SeasonsFUSION resource entitles you to store the resources downloaded from the Website on a maximum of three computers, during the Term of this Agreement only.

 

i) if multiple Memberships are purchased for the exact same SeasonsFUSION resource, you may store the resources downloaded from the Website on an additional three computers for each additional Membership Fee paid, during the Term of this Agreement only.

 

c. All pages within the SeasonsFUSION resource that bear a duplicating/photocopy symbol may be copied for all members of the purchasing congregation, as may all the word files contained on the Data CD, which is shipped to you.

 

d. WLP does not have the right or the means, under any circumstances, to grant you permission to make copies of the art posters or of the full music settings or of the articles or materials that are not marked with the duplicating/photocopy symbol. Those rights remain with the creator/copyright holder of each work. 

 

You are further granted a license to:

 

e. reproduce, display, project, and distribute printed copies or electronic files of material from the Website to or for Authorized Users.

 

f. permit Authorized Users to demonstrate the Website, and project or print content from the Website, at events sponsored by the Congregation (e.g., training workshops and conferences), provided that any content downloaded and printed from the Website must be destroyed following the completion of any such event, except as expressly permitted herein;

 

g. display or publicly perform any content obtained from the Website at events sponsored by the Congregation; and

 

h. use material in any other way expressly permitted by this Agreement.

 

2. DOWNLOADABLE MP3, SHEET MUSIC, and ART FILES

All downloadable MP3, sheet music, and art files offered on the SeasonOnline.ca website are subject to a separate Terms of Use Agreement, which must be accepted prior to download.

 

3. COPYRIGHT

Unless otherwise indicated, all content on the Website is copyright © Wood Lake Publishing and you may not use or copy this content, in whole or in part, except as provided for in this Agreement, without the express written permission of Wood Lake Publishing.

 

Artwork and music may not be duplicated under any circumstance, without the express written permission of the original copyright holder. Respecting copyright is a matter of respecting the rights, work, and gifts of the people who compose and perform music, make art, and write or otherwise create the resources we love. To duplicate these resources without express permission and/or to use them after the Term of this Agreement (permission to use date) has passed is theft and jeopardizes the ability of all contributors to earn a fair living.

 

Seasons of the Spiritis published without subsidy by Wood Lake Publishing Inc., an independent publisher. The ability of WLP to continue to offer this resource, complete with up-to-date web support, depends on your fair use. Thank you in advance for honouring both the letter and the spirit of the law regarding copyright.

 

4. RESTRICTIONS

You may not access, use or copy the Website or any of its content, in whole or in part, except as expressly provided in this License Agreement.

 

Except where expressly permitted by this License Agreement or where permission is expressly given within the contents of the SeasonsFUSION material itself, you may not modify, reproduce, create derivative works of, distribute, sell, resell, lend, loan, lease, license, sublicense or transfer your rights to use and access the Website or any of its contents.

 

You may not reverse engineer, disassemble, decompile, or translate the Website, or otherwise attempt to derive the source code of or any trade secrets embodied in the Website or any software related thereto, or authorize any third party to do any of the foregoing, except to the extent allowed under any applicable law. The Website may contain trade secrets, trademarks, patents, and copyrights owned by WLP and you will hold in strict confidence any information provided by WLP about the Website, including information or ideas related to WLP’s future plans for the Website.

 

All passwords or user IDs used to access and use the licensed SeasonsFUSION resources must be held in strict confidence. You may not allow any access to or use of the licensed SeasonsFUSION resources by anyone other than designated Authorized Users. Any attempt to transfer any of the rights, duties, or obligations contained in this Agreement (including, without limitation, by disclosing user IDs or passwords or otherwise allowing unauthorized use of the Website by third parties) not in accordance with the foregoing is null and void and without any force or effect, and is cause for immediate termination of this Agreement.

 

5. TERM

a. The Term of this Agreement and therefore also all Terms of Use begin once registration is completed. The term of this Agreement ends on the last day of the specified date range included as part of the title of the SeasonsFUSION product and/or as printed on the SeasonsFUSION product itself.

 

b. Regardless of when this License was entered into, as represented by the date on which registration is completed and of payment of the SeasonsFUSION Membership Fee is received, the term of this Agreement always ends on the last day of the specified date range included as part of the title of the SeasonsFUSION product and/or as printed on the SeasonsFUSION product itself.

 

c. At the end of the Term of this Agreement, you must immediately cease all use of the SeasonsFusion materials associated with this Membership and delete/destroy any material you have downloaded and stored on computer(s) and/or printed.

 

d. The Term of this Agreement – regardless of whether an annual or quarterly Membership was purchased – is NOT automatically renewing. You must renew this Agreement by purchasing subsequent quarterly Memberships or a 12-Month Membership in order to have continued access Seasons resources.

 

e. This Agreement may be terminated:

 

i. by you or the Membership Coordinator or another authorized representative of the Congregation upon written notice to WLP.

ii. by WLP immediately upon written notice to you if you, or any Authorized Users, or any other member of the Congregation, or any other individual or entity acting on behalf of the Congregation has shared a User ID and password or otherwise granted a third party access to the SeasonsFUSION resource, or facilitated use of the same by a third party, without authorization of WLP, or is otherwise in violation of this Agreement, or has otherwise breached any term of this Agreement.

 

f. Upon expiration or termination of this Agreement for any reason:

 

i. your Membership and the License Rights/Permissions set forth in Section 1 will terminate and you must immediately cease all use of the Website and delete/destroy any material you have downloaded, stored on computer(s), and/or printed;

ii. you will not be entitled to receive a refund of any Membership Fee already paid by you;

iii. all user IDs and passwords assigned to or by the Authorized Users will be disabled; and

iv. Sections 3, 4, 5, 9, 11, 12, 13, 14, 15, and 16 will survive any expiration or termination of this Agreement.

 

6. MEMBERSHIP FEE

a. Membership Fee refers to the total amount paid for the License to access the resources ordered.

 

b. Upon your completion of the registration process and acceptance of this Agreement you will be asked to provide your credit card information, and your credit card will be charged the full amount of the Membership Fee.

 

c. Resource prices will be adjusted annually.

 

d. You may purchase additional resources throughout the year.

 

e. You are responsible for all charges and fees associated with connecting to the Internet in order to access the Website.

 

7. REFUNDS AND EXCHANGES

a. SEP-AUG (12-month) Web Memberships may be refunded up to six weeks after the receipt of the Membership Fee. Quarterly Web Memberships will not be refunded.

 

b. SEP-AUG (12-month) or Quarterly Web Membership may be exchanged for the equivalent Print product(s) upon receipt of payment for the difference between the Web Membership Fee and the equivalent Print product(s), and necessary shipping/handling charges.

 

c. SEP-MAY (9-month) Print or Disk products may be refunded up to six weeks after the receipt of the products. Quarterly Print products will not be refunded unless they have not yet been received by customer.

 

d. SEP-MAY (9-month) Print or Disk products may be exchanged and credited for the equivalent SEP-AUG (12-month) Web Membership. Credit for Print or Disk products will be applied to customer credit card upon return of Print or Disk products in saleable condition, at customer’s expense.

 

8. AUTHORIZED USER ACCESS

Upon completion of your registration, the Membership Coordinator designated during your registration process (“Membership Coordinator”) will be able to access the Website and will be able to register individual members of the Congregation as Authorized Users of the Website. All Authorized Users must be registered by (or the individual’s registration must be approved by) the Membership Coordinator prior to such Authorized User gaining access to the Website.

 

9. OWNERSHIP

The resources contained on this Website, and access to them, are licensed, not sold, to you for use only under the terms of this Agreement. WLP reserves all rights not expressly granted to you. Except as may be otherwise expressly set forth in any Additional Terms, under no circumstances will you be deemed to receive title to or ownership of any portion of the Website or its contents, any modifications or derivative works thereof, or any intellectual property rights thereto (including, without limitation, copyrights, patents and trade secrets incorporated or embodied therein), title to and ownership of which at all times shall remain vested exclusively in WLP. All information, comments, feedback, ideas, questions, designs, data or the like regarding the Website or Seasons of the Spirit submitted by you to WLP via any means (collectively, “Feedback”) will be considered NON-CONFIDENTIAL and NON-PROPRIETARY. You assign to Wood Lake, free of charge, all rights, title and interest, including all intellectual property rights, in any Feedback you submit, and Wood Lake is entitled to use any Feedback for any purpose whatsoever, without restriction and without attribution or compensation to you.

 

10. INFORMATION

In order to complete your Membership registration, you will be required to provide certain personal information, including without limitation your name, telephone number, and e-mail address, as well as information related to the Congregation. Such information is managed in accordance with our Privacy Policy. You hereby represent and warrant that all information provided to WLP at time of registration for this Membership is complete, true, and correct, and you agree to update such information as necessary to keep it accurate (updates may be made by the Membership Coordinator on the Website).

 

11. ADDITIONAL TERMS/PRIVACY POLICY

Use of this Website is subject to the terms and conditions of this Agreement and of the WLP Privacy Policy, and of any other administrative guidelines that may be set forth from time to time regarding the administration of Website accounts and other technical and administrative details regarding the Website (collectively the “Additional Terms”), which are hereby incorporated into this Agreement. You agree to abide by all Additional Terms.

 

12. WARRANTY DISCLAIMER

This Website and its contents are provided to you strictly “As Is” and WLP and its suppliers and licensors expressly disclaim any and all warranties and representations of any kind with regard to any subject matter of this agreement, including, without limitation, any warranty of non-infringement, title, fitness for a particular purpose, functionality or merchantability, and accuracy of results or information, whether express, implied, or statutory. No oral or written information or advice given by WLP, its employees, distributors, or representatives will increase the scope of the above warranties or create any new warranties.

 

13. LIMITATION OF REMEDIES

Regardless of whether any remedy set forth herein fails in its essential purpose or otherwise, in no event will WLP or its suppliers be liable to you or to any third party for any lost data, or other special, indirect, incidental or consequential damages of any kind arising out of the use or inability to use the Website or any data supplied on it, even if WLP has been advised of the possibility of such loss or damages and whether or not such loss or damages are foreseeable. In no event will the liability of WLP arising out of or related to this Agreement or the Website exceed the amount of the Membership Fee you have paid. Each party expressly acknowledges and agrees that the foregoing limitations of liability and allocation of risk reflect part of the bargained-for exchange of the parties with respect to this Agreement.

 

14. AUTHORITY AND INDEMNITY.

You represent and warrant that you are at least 18 years of age, that you have the full right, power and authority to enter into this Agreement on behalf of the Congregation, that this Agreement has been duly authorized by the Congregation, and that this Agreement will constitute the legal, valid and binding obligation of the Congregation, enforceable against the Congregation in accordance with its terms. You hereby agree to indemnify and hold WLP harmless from any and all claims, damages, losses and expenses (including, without limitation, lawyers’ fees) arising from or relating to: (a) any breach of this Section 14 or any other representations and warranties made by you in this Agreement; (b) any breach by you as an individual, the Congregation, or any officers, directors, representatives, or agents of the Congregation, of any other terms of this Agreement; and (c) any violation of this Agreement by any Authorized User of the Congregation.

 

15. GOVERNING LAW

This Agreement will be governed by the laws of the Province of British Columbia. Any action or lawsuit related to this Agreement must be brought in either the Federal or Provincial courts of the Province of British Columbia.

 

16. ENTIRE AGREEMENT

If any provision of this Agreement is held to be unenforceable, that provision will be removed to the extent necessary to comply with the law, and the remaining provisions will remain in full force. The failure of either party to require performance by the other party of any provision contained in this Agreement shall not affect the full right to require such performance at any time thereafter, nor shall the waiver by either party of a breach of any provision of this Agreement be taken or held to be a waiver of the provision itself. Neither this Agreement nor any of your rights or obligations hereunder may be assigned by you without the prior written approval of WLP. Any assignment in derogation of the foregoing shall be null and void. The parties to this Agreement are independent parties and neither acquires under this Agreement any right or ability to bind or enter into any obligation on behalf of the other. This Agreement, together with the Additional Terms, is the complete and exclusive statement of the agreement between the parties, and this Agreement supersedes any proposal or prior agreement, oral or written, and any other communications between the parties in relation to the subject matter of this Agreement.

 

THIS WEBSITE AND ITS CONTENTS ARE PROTECTED BY CANADIAN COPYRIGHT LAW AND INTERNATIONAL TREATY.

 

UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS SUBJECT TO CIVIL AND CRIMINAL PENALTIES.