LifeJournal.me Terms of Use

Date of Last Revision: August 26, 2010

1. Acceptance of Terms

New Hope Oahu provides services on the Internet and the World Wide Web (the "Web") through its web site at http://lifejournal.me ("LifeJournal.me"), subject to the following TERMS OF USE. New Hope Oahu may update the TERMS OF USE from time to time, without notice. When using LifeJournal.me, you shall also be subject to any additional guidelines or rules which may be posted from time to time on the LifeJournal.me site. All such guidelines or rules are hereby incorporated by reference into these TERMS OF USE. Violations of these TERMS OF USE should be reported via email to ohana@enewhope.org.

2. Description of Service

New Hope Oahu provides Users with access to a variety of services through LifeJournal.me, including but not limited to, online devotions, daily Bible readings, & personalized content, at no charge to the user. By using LifeJournal.me, you understand that such usage may include communications from New Hope Oahu, New Hope Christian College, New Hope International, or Wayne Cordeiro Ministries, including but not limited to service announcements, administrative messages, and other messages to which you have individually subscribed. You understand and agree that you are responsible for obtaining access to LifeJournal.me, which may involve equipment and third-party fees (such as Internet service provider fees, airtime charges, or other charges associated with the display and delivery of messages).

3. Your Registration Obligations

You acknowledge and agree to: (a) provide true, accurate, current and complete information about yourself as prompted by LifeJournal.me's registration form(s) (the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If New Hope Oahu suspects that such information is untrue, inaccurate, not current or incomplete, New Hope Oahu has the right to suspend or terminate your account and refuse any and all current or future use of LifeJournal.me (or any portion thereof). New Hope Oahu is concerned about the safety and privacy of all its users, particularly children. For this reason, parents of children under the age of 13 who allow their children to access LifeJournal.me must acknowledge that LifeJournal.me is designed to appeal to a broad audience. Accordingly, as your child's legal guardian, it is your responsibility to determine whether LifeJournal.me is appropriate for your child.

4. New Hope Oahu Privacy Policy

Registration Data and other information about you is subject to our Privacy Policy. You understand that through your use of LifeJournal.me you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to the United States and/or other countries for storage, processing and use by New Hope Oahu

5. Member Account, Password and Security

Upon completing LifeJournal.me's registration process, you will receive a password and account designation. You are responsible for maintaining the confidentiality of the password and account, and you are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify New Hope Oahu of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session.

6. Member Conduct

You understand that all information, data, text, messages, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not New Hope Oahu, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via LifeJournal.me. Although New Hope Oahu does monitor Content submitted to LifeJournal.me, New Hope Oahu cannot reasonably guarantee the accuracy, integrity, quality, or suitability of such Content. You understand and agree that by using LifeJournal.me, you may be exposed to Content that is offensive, indecent or objectionable. You agree to not use LifeJournal.me to:

  1. upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, discriminatory, or racially, ethnically or otherwise objectionable;
  2. harm minors in any way;
  3. impersonate any person or entity, including, but not limited to, a New Hope Oahu official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  4. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through LifeJournal.me;
  5. upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  6. upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
  7. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation
  8. upload, post, email, transmit or otherwise make 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;
  9. disrupt the normal flow of dialogue, or otherwise act in a manner that negatively affects other users' ability to engage in real-time exchanges;
  10. interfere with or disrupt LifeJournal.me or servers or networks connected to LifeJournal.me, or disobey any requirements, procedures, policies or regulations of networks connected to LifeJournal.me;
  11. intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
  12. provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
  13. "stalk" or otherwise harass another; and/or
  14. collect or store personal data about other users in connection with the prohibited conduct and activities set forth above. New Hope Oahu provides LifeJournal.me for uncompensated, personal, and intangible spiritual and/or religious benefit. You acknowledge that New Hope Oahu may or may not pre-screen Content, but that New Hope Oahu and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is available via LifeJournal.me, for any reason.
    You acknowledge, consent and agree that New Hope Oahu may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TERMS OF USE; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of New Hope Oahu, its users and the public.
    You understand that the technical processing and transmission of LifeJournal.me, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

7. Interstate Nature of Communications on New Hope Oahu Network

You acknowledge that in using LifeJournal.me, you will be causing communications to be sent through New Hope Oahu's computer networks, portions of which are located throughout the globe . As a result, even communications that seem to be intrastate in nature can result in the transmission of interstate communications regardless of where you are physically located at the time of transmission. Accordingly, you acknowledge that use of LifeJournal.me results in interstate data transmissions.

8. Special Admonitions for International Use

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

9. Contributions to New Hope Oahu

By submitting ideas, suggestions, documents, and/or proposals ("Contributions") to New Hope Oahu, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) New Hope Oahu is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) New Hope Oahu shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) New Hope Oahu may have something similar to the Contributions already under consideration or in development; (e) your Contributions automatically become the property of New Hope Oahu without any obligation of New Hope Oahu to you; and (f) you are not entitled to any compensation or reimbursement of any kind from New Hope Oahu under any circumstances.

10. Indemnity and Release of Liability

You agree to indemnify and hold New Hope Oahu and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or otherwise make available through LifeJournal.me, your use of LifeJournal.me, your connection to LifeJournal.me, your violation of the TERMS OF USE, or your violation of any rights of another. You expressly understand and agree that New Hope Oahu and its subsidiaries, affiliates, officers, employees, agents, partners and licensors make no warranty that (i) LifeJournal.me will meet your requirements; (ii) LifeJournal.me will be uninterrupted, timely, secure or error-free; and (iii) the results that may be obtained from the use of LifeJournal.me will be accurate or reliable. Under no circumstances will New Hope Oahu be liable in any way for any loss or damage of any kind incurred as a result of the use of any Content made available via LifeJournal.me.

You expressly understand and agree that any material downloaded or otherwise obtained through the use of LifeJournal.me is accessed at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.

You expressly understand and agree that a small percentage of users may experience epileptic seizures when exposed to certain light patterns or backgrounds on a computer screen or while using LifeJournal.me, for which New Hope Oahu is not responsible. Certain conditions may induce previously undetected epileptic symptoms even in users who have no history of prior seizures or epilepsy. If you, or anyone in your family, have an epileptic condition, consult your physician prior to using You Version. Immediately discontinue use of LifeJournal.me and consult your physician if you experience any of the following symptoms while using LifeJournal.me: dizziness, altered vision, eye or muscle twitches, loss of awareness, disorientation, any involuntary movement, or convulsions.

11. No Resale of Service

You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of LifeJournal.me (including your New Hope Oahu ID), use of LifeJournal.me, or access to LifeJournal.me.

12. General Practices Regarding Use and Storage

You acknowledge that New Hope Oahu may establish, and modify from time to time, general practices and limits concerning the use of LifeJournal.me, including without limitation the maximum number of days that Content will be retained by LifeJournal.me. You agree that New Hope Oahu has no responsibility or liability for the deletion of or failure to store any Content maintained or transmitted by LifeJournal.me. You acknowledge that New Hope Oahu reserves the right, at its sole discretion, to log off and completely remove accounts that remain inactive for an extended period of time.

13. Modifications to Service

New Hope Oahu reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, LifeJournal.me (or any part thereof) with or without notice. You agree that New Hope Oahu shall not be liable to you or to any third party for any modification, suspension or discontinuance of LifeJournal.me.

14. Termination

You agree that New Hope Oahu may, under certain circumstances and without prior notice, at its sole discretion, immediately terminate your New Hope Oahu account and access to LifeJournal.me at any time and for any reason, and shall not be liable to you or any third party for any termination of your account or access to LifeJournal.me.

15. Dealings with Third Parties

You acknowledge that your dealings with, any parties met or found on or through LifeJournal.me are solely between you and such party. You agree that New Hope Oahu shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.

16. Links

LifeJournal.me may provide, or third parties may provide, links to other World Wide Web sites or resources. You acknowledge and agree that New Hope Oahu has no control over,is not responsible for the availability of, and does not endorse and is not responsible or liable for, any Content, advertising, products or other materials on or available from such sites or resources. You acknowledge and agree that New Hope Oahu is not responsible in any way for any damage or loss caused by or in connection with use of or reliance on any such site or resource.

17. New Hope Oahu's Proprietary Rights

You acknowledge and agree that LifeJournal.me contains proprietary and confidential information that is protected by copyrights, trademarks, service marks, patents, intellectual property laws, or other proprietary rights and laws. Except as expressly permitted by applicable law or authorized by New Hope Oahu, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on LifeJournal.me, in whole or in part.

18. Limitation of Liability

You expressly understand and agree that New Hope Oahu and its subsidiaries, affiliates, officers, employees, agents, partners and licensors shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if New Hope Oahu has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use LifeJournal.me; (ii) unauthorized access to or alteration of your transmissions or data; (iii) statements or conduct of any third party on LifeJournal.me; or (iv) any other matter relating to LifeJournal.me.

19. 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 of sections 19 and 20 may not apply to you.

20. No Third-Party Beneficiaries

You agree that, except as otherwise expressly provided within these TERMS OF USE, there shall be no third-party Beneficiaries to this agreement.

21. Notice

New Hope Oahu, New Hope Christian College, New Hope International, or Wayne Cordeiro Ministries may provide you with notices, including those regarding changes to these TERMS OF USE, including but not limited to email, regular mail, SMS, MMS, text message, postings on LifeJournal.me, or other reasonable means now known or hereinafter developed.

22. Trademark Information

The logos, service marks, and product and service names related to New Hope Oahu and its ministries are trademarks of New Hope Oahu (the "New Hope Oahu Marks"). Without prior written permission from New Hope Oahu, you agree not to display or use the New Hope Oahu Marks in any manner.

23. Notice and Procedure for Making Claims of Copyright or Intellectual Property Infringement

New Hope Oahu respects the intellectual property of others. We ask our users to do the same, particularly where it pertains to using LifeJournal.me. New Hope Oahu may, in appropriate circumstances and at its sole discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide New Hope Oahu's Copyright Agent with the following information:

  1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest in question;
  2. A written description of the copyrighted work or other intellectual property that you claim has been infringed;
  3. A written description of where the material that you claim is infringing is located on LifeJournal.me;
  4. Your address, telephone number, and email address (all that apply);
  5. A written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  6. A written statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner, or that you are authorized to act on the behalf of the copyright or intellectual property owner. New Hope Oahu's Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:
    By mail: New Hope Oahu c/o - Peter Thourson
    290 Sand Island Access Road
    Phone: (808) 842-4242
    Fax: (808) 842-4241
    Email: ohana@enewhope.org

25. General Information

Entire Agreement. This TERMS OF USE constitutes the entire agreement between you and New Hope Oahu and governs your use of LifeJournal.me, superseding any prior agreements between you and New Hope Oahu with respect to LifeJournal.me. You also may be subject to additional terms and conditions.

Choice of Law and Forum. The TERMS OF USE and the relationship between you and New Hope Oahu shall be governed by the laws of the State of Oklahoma without regard to its conflict of law provisions. You and New Hope Oahu agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Honolulu, Hawaii.

Waiver and Severability of Terms. The failure of New Hope Oahu to exercise or enforce any right or provision of these TERMS OF USE shall not constitute a waiver of such right or provision. If any provision of these TERMS OF USE 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 OF USE remain in full force and effect.

No Right of Survivorship and Non-Transferability. You agree that your New Hope Oahu account is non-transferable, and any rights to your New Hope Oahu ID or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, New Hope Oahu may terminate your account and permanently delete all contents therein.

Statute of Limitations. You understand and agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of LifeJournal.me or these TERMS OF USE must be filed within one (1) year after such claim or cause of action arose or be forever barred.

The section titles within these TERMS OF USE are for convenience only and have no legal or contractual effect.

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