The Nehemiah Foundation for Cultural Renewal, Inc. (NFfCR) is committed to rallying support for Christian artists, facilitating the creation of excellent art, honing the church’s involvement in culture, and reaching the lost with the beauty of the gospel. The NFfCR Web Site (the “Site”) offers a variety of services, including, but not limited to:
1. Giving artists the opportunity to promote their art and fans the opportunity to view, stream, and purchase art on the Site as well as on other sites designated by artists and fans.
2. Providing introductory information about the NFfCR, as well as posts concerning news, opinions, thought pieces, and reviews.
3. A store of items for purchase, either directly sold by the NFfCR or in relation to a specific artist.
4. An opportunity to donate to the NFfCR, a 501(c)3, on behalf of its mission and in its general support or in support of a specific project or artist.
THE SITE AND THE SITE SERVICES ARE OFFERRED TO YOU SUBJECT TO THESE TERMS AND CONDITIONS OF USE (THESE “SITE TERMS”). PLEASE READ THESE SITE TERMS CAREFULLY BEFORE USING THIS SITE AND THE SITE SERVICES. BY ACCESSING OR USING THE SITE AND/OR THE SITE SERVICES, YOU EXPLICITLY AGREE TO COMPLY WITH AND BE BOUND BY THESE SITE TERMS AND ANY POLICIES THAT MAY BE INCORPORATED BY REFERENCE HEREIN. IF YOU DO NOT AGREE TO ALL PROVISIONS OF THESE SITE TERMS, DO NOT USE THE SITE OR THE SITE SERVICES.
Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
Information About You
The following details the types of information we collect and how we use it.
We collect several types of information on our Site. We do not knowingly collect, however, any information from children under 13 years of age, nor are our services designed for use by children under 13.
We collect, store, and will share with artists whose cultural artifact is included in our services “Personally Identifiable Information,” which generally means information that can be used to identify you individually, such as your name, your postal mailing address, your electronic mail address, your phone number, your postal code, and information about your artistic preferences.
We collect, store, and will share with artists whose cultural artifacts are included in our services “Non-Personally Identifiable Information,” which generally means information about you that does not identify you personally or individually such as anonymous user usage data, cookies, IP addresses, browser type and click stream data.
We collect, store, and will share with artists whose cultural artifacts are included in our services “Aggregate Information,” which is information about use of our Site, such as pages visited on our Site. The information we collect depends on what services and features you use on our Site.
The following details the types of information we collect and how we use it.
You can, however, opt-out from inclusion in our collection of information by emailing us directly at email@example.com, or by contacting the artists whose cultural artifacts are included in our services collection of information, by contacting them directly through their web-services.
Registration with NFfCR and Transactional Data
By providing your e-mail address to us, you agree that we may, from time to time, contact you by e-mail regarding cultural artifacts you have accessed or downloaded from our Site, as well as any needed updates or pressing information, or information we think visitors who have provided said address would be interested in receiving. If you do not wish to receive such e-mails, you will have the ability to opt-out at any time.
We do not use your email address or other Personally Identifiable Information to send commercial or marketing messages without your consent or except as part of a specific program or feature for which you will have the ability to opt-in or opt-out.
We may, however, use your email address without further consent for non-marketing or administrative purposes such as notifying you of major Site changes or for customer service purposes.
We use both your Personally Identifiable Information and certain Non-Personally-Identifiable Information to improve the quality and design of the Site and to create new features, promotions, functionality, and services by storing, tracking, analyzing, and processing user preferences and trends, as well as user activity and communications.
We may share your Personally Identifiable Information and certain Non-Personally-Identifiable with artists and professionals promoted through the services of the Site.
NFfCR takes commercially reasonable precautions to safeguard your information against theft and misuse, as well as unauthorized access, disclosure, alteration, and destruction.
Ownership and Copyright
Except as otherwise indicated, the Site, and all text, images, marks, logos and other content contained herein, including, without limitation, the NFfCR logo and all designs, text, photos, graphics, pictures, artwork, information, data, code, software, music, sound files, other files, and materials (“Content”) and the selection and arrangement thereof (collectively, the “Site Content”) are the proprietary property of NFfCR and are protected by U.S. and international copyright laws.
The NFfCR logo, “Renew The Arts” logo, and all other product or service names or slogans or artwork displayed on the Site are registered and/or common law trademarks of NFfCR and/or its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of NFfCR or the applicable trademark holder. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, are the service mark, trademark and/or trade dress of NFfCR and may not be copied, imitated or used, in whole or in part, without the prior written permission of NFfCR. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, record label, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by NFfCR.
Subject to the terms, conditions and restrictions set forth in these Site Terms, NFfCR grants you a limited, non-exclusive, personal, nonsublicensable and revocable license to access and use the Site and to view, copy, and print portions of the Site Content (the “License”).
The License is specifically conditioned upon the following: (i) you may only view, copy and print portions of the Site Content for your own informational, personal and non-commercial use; (ii) you may not modify or otherwise make derivative uses of the Site or the Site Content, or any portion thereof; (iii) any displays or printouts of Site Content must be marked “© 2014 Nehemiah Foundation for Cultural Renewal, Inc. All rights reserved.”; (iv) you may not remove or modify any copyright, trademark, or other proprietary notices that have been placed in the Site Content; (v) you may not use any data mining, robots or similar data gathering or extraction methods; (vi) you may not use the Site or the Site Content other than for its intended purpose; and (vii) you may not reproduce, prepare derivative works from, distribute or display the Site or any Site Content, except as provided herein. Except as expressly permitted above, any use of any portion of the Site or Site Content without the prior written permission of NFfCR is strictly prohibited and will terminate the License.
Your unauthorized use of the Site or Site Content may violate applicable laws including, without limitation, copyright and trademark laws and applicable communications regulations and statutes. Except as expressly stated in these Site Terms, you are not conveyed or granted, and nothing on the Site may be construed as conveying or granting any right or license, by implication, estoppel or otherwise, in or under any patent, trademark, copyright, or other intellectual or proprietary right of NFfCR or any third party. You represent and warrant that your use of the Site and the Site Content will be consistent with the License and will not infringe, misappropriate or violate the rights of NFfCR or any other party or breach any contract or legal duty to NFfCR or any other party, or violate any law. You expressly agree to indemnify NFfCR against any liability to any person arising out of your use of the Site or Site Content.
You are granted a limited, non-exclusive, personal, non-sublicensable and revocable right to create a text hyperlink to the Site for non-commercial purposes, provided such link does not portray NFfCR or any of its products or services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable.
You may not use a NFfCR logo or other proprietary graphic of NFfCR to link to the Site without the express written permission of NFfCR. Further, you may not use, frame or utilize framing techniques to enclose any NFfCR trademark, logo or other proprietary information, including the images found at the Site, the content of any text, or the layout or design of any page or form contained on a page on the Site without NFfCR’s express written consent.
If you believe that material posted on the Site infringes upon any copyright that you own or control, or that any link on the Site directs users to another Web site that contains materials that infringes upon any copyright that you hold or control, you may file a notification of such infringement as set forth below:
Contact of Person to Whom Notification Should be Sent:
5181 Hadaway Road
Kennesaw, GA 30152
Email Address: justus [at] renewthearts [dot] org
Any notification must include the following information:
1. Identity of the copyrighted work that you claim has been infringed, or, if multiple works, a representative list of the copyrighted works that you claim have been infringed.
2. Identification of the material that you claim is infringing and where it is located on the Site.
3. Your street or mailing address, telephone number and email address.
4. A statement by you that you have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
5. A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner, or are authorized to act on the copyright owner’s behalf.
6. Electronic or physical signature of the copyright owner or of a person authorized to act on the copyright owner’s behalf.
We may give notice of a claim of copyright infringement to our users by means of a general notice on the Site, electronic mail to a user’s email address in our records, or by written communication sent by first-class mail to a user’s address in our records.
Repeat Infringer Policy
In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable law, NFfCR has adopted a policy of terminating, in appropriate circumstances and at NFfCR‘s sole discretion, subscribers or account holders who are deemed to be repeat infringers. NFfCR may also at its sole discretion limit access to the Site and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Registration Data; Account Security
You agree to: (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site (“Registration Data”); (b) maintain the security of your password; (c) maintain and promptly update the Registration Data, and any other information you provide to NFfCR, and to keep it accurate, current and complete; and (d) accept all risks of unauthorized access to the Registration Data and any other information you provide to NFfCR.
EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY NFfCR, THE SITE, THE MATERIALS CONTAINED THEREIN AND THE SITE CONTENT AND SITE SERVICES PROVIDED ON OR IN CONNECTION THEREWITH ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NFfCR EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE SITE, SITE CONTENT, SITE SERVICES, AND ANY MATERIALS ON THE SITE. NFfCR DOES NOT REPRESENT OR WARRANT THAT THE SITE, SITE CONTENT, SITE SERVICES OR MATERIALS IN THE SITE OR THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE, AND EXPRESSLY DISCLAIMS ANY WARRANTY OR REPRESENTATION AS TO THE ACCURACY OR PROPRIETARY CHARACTER OF THE SITE, THE SITE SERVICES OR THE SITE CONTENT OR ANY PORTION THEREOF.
NFfCR IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO TEXT, PHOTOGRAPHY, SOUND RECORDINGS, ARTWORK, OR ANY OTHER MATERIALS ON THE SITE OR INTERACTIVE AREAS. WHILE NFfCR ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF THE SITE, THE SITE CONTENT, AND THE SITE SERVICES SAFE, NFfCR CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES.
LIMITATION OF LIABILITY
YOU WAIVE AND COVENANT NOT TO ASSERT ANY CLAIMS OR ALLEGATIONS OF ANY NATURE WHATSOEVER AGAINST NFfCR, ITS AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, ATTORNEYS, EMPLOYEES OR AGENTS ARISING OUT OF OR IN ANY WAY RELATING TO YOUR USE OF THE SITE, SITE CONTENT, THE SITE SERVICES OR THE MATERIALS CONTAINED IN OR ACCESSIBLE THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS OR ALLEGATIONS RELATING TO THE ALLEGED INFRINGEMENT OF PROPRIETARY RIGHTS, ALLEGED INACCURACY OF SITE CONTENT, OR ALLEGATIONS THAT NFfCR HAS OR SHOULD INDEMNIFY, DEFEND OR HOLD HARMLESS YOU OR ANY THIRD PARTY FROM ANY CLAIM OR ALLEGATION ARISING FROM YOUR USE OR OTHER EXPLOITATION OF THE SITE. YOU USE THE SITE, THE SITE CONTENT, AND THE SITE SERVICES AT YOUR OWN RISK.
WITHOUT LIMITATION OF THE FOREGOING, NEITHER NFfCR NOR ANY PARTIES PROVIDING SITE CONTENT SHALL BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE, THE SITE CONTENT OR THE SITE SERVICES OR THE MATERIALS CONTAINED IN OR ACCESSIBLE THROUGH THE SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM YOUR RELIANCE ON ANY SITE CONTENT OR OTHER INFORMATION OBTAINED FROM NFfCR OR ACCESSIBLE VIA THE SITE OR SITE SERVICES, OR THAT RESULT FROM MISTAKES, ERRORS, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO NFfCR’s SITE, SITE CONTENT, SITE SERVICES, OR ANY OTHER PROGRAMS OR SERVICES.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF NFfCR, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF THE SITE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO NFfCR FOR ACCESS TO OR USE OF THE SITE, THE SITE CONTENT OR THE SITE SERVICES.
BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Applicable Law and Venue
You explicitly agree that all disputes, claims or other matters arising from or relating to your use of the Site will be governed by the laws of the State of Georgia, without regard to its conflicts of law principles. You agree that all claims you may have against NFfCR arising from or relating to the Site, including without limitation the Site Content or the Site Services, will be heard and resolved in a court of competent subject matter jurisdiction located in Cobb County, Georgia. You consent to the personal jurisdiction of such courts over you, stipulate to the fairness and convenience of proceeding in such courts, and covenant not to assert any objection to proceeding in such courts.
Termination/Modification of License and Site Offerings
Notwithstanding any provision of these Site Terms, NFfCR reserves the right, without notice and in its sole discretion, without any notice or liability to you, to (a) terminate your license to use the Site, Site Content, Site Services, or any portion thereof; (b) block or prevent your future access to and use of all or any portion of the Site, Site Content or Site Services; (c) change, suspend or discontinue any aspect of the Site, Site Content or Site Services; and (d) impose limits on the Site, Site Content or Site Services.
If any provision of these Site Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Site Terms and shall not affect the validity and enforceability of any remaining provisions.
Modifications to the Site Terms
NFfCR reserves the right to change or modify any of the terms and conditions contained in the Site Terms, or any policy of the Site, at any time and in its sole discretion. Unless otherwise specified, any changes or modifications will be effective immediately upon posting of the revisions on the Site, and your continued use of the Site or the Site Services will constitute your acceptance of such changes or modifications. You should review the Site Terms and its incorporated policies from time to time to understand the terms and conditions that apply to your use of the Site and the Site Services. If you do not agree to any amended terms, do not use the Site or the Site Services.