Terms of Use
Augsburg Fortress Publishers ("AFP") operates the VBS website, located at thevbsplace.org (the "Site"). You may use the Site only if you comply with and agree to be bound by these VBS Terms of Use.
Your Consent
Please take a few minutes to review these VBS Terms of Use before using this Site. By visiting or using this Site you are agreeing to comply with and be bound by these VBS Terms of Use. If you do not agree to these VBS Terms of Use, you may not access or use this Site.
VBS Privacy Policy
Our VBS Privacy Policy describes the information we collect when you and others use this Site, how we use the personal information you share with us, and some of the steps we take to protect your privacy. Our VBS Privacy Policy is part of these VBS Terms of Use. By agreeing to these VBS Terms of Use, you are also consenting to our use of your personal information in accordance with our VBS Privacy Policy.
These Terms of Use May Change
We are continually improving and adding to the features and functionality of this Site. As a result of these changes (or changes in the law), we may need to update or revise these VBS Terms of Use. Accordingly, we reserve the right to update or modify these VBS Terms of Use at any time, without prior notice, by posting any such revised version of these VBS Terms of Use behind the link marked "Terms of Use" at the bottom of each page of this Site. Your continued use of this Site after we have posted the revised Terms of Use constitutes your agreement to be bound by the revised VBS Terms of Use. You may access the current version of these VBS Terms of Use at any time by clicking the link marked "Terms of Use" at the bottom of each page of this Site.
Authorized Uses of this Site
PUBLIC PORTION OF THIS SITE
Except as otherwise noted within these VBS Terms of Use, you may view, copy, print, and save a local copy of any content on this Site for your personal, non-commercial purposes only. In addition, you may print limited content from this Site in order to inform third parties with whom you are personally acquainted about the existence of the Site and the content offered on the Site. Other than as expressly permitted in this paragraph, you may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, sell, or make any other use of this Site or any of its content, and you may not under any circumstances post, upload, transmit, reproduce, display, or otherwise make available any of the Site's content on any other Site or networked computer environment, or in any other format or medium. You will display the copyright notice featured at the bottom of the home page of the Site, and will retain any other copyright, trademark, and other proprietary notices as applicable, on every copy of any content from this Site that you make. In exercising any of the foregoing rights, other than as expressly permitted in these VBS Terms of Use, you will not modify the content in any way, copy or distribute graphics separate from their accompanying text, or quote materials out of context.
VBS WEB TOOL KIT
On this Site, administrators of VBS programs may purchase a license to the VBS Web Tool Kit ("Tool Kit") to use in connection with your congregation's VBS program. Purchasing a license for the Tool Kit will provide you access to the Tool Kit sections of the Site (including the assignment of a username and password), allow you to customize certain content for use with your congregation's VBS program, and allow you to host a VBS program registration site for your congregation as a sub-domain of this Site (your "Congregation Site"). Your license to the Tool Kit includes a license to use, during the duration of your congregation's 2010 VBS program and solely in accordance with the instructions provided by AFP, the My Own Church web page, Scheduling Tool, Planning Calendar, Supply Calendar, and Attendance Tracker, which you may use in connection with your Congregation Site or otherwise in connection with your congregation's 2010 VBS program.
If you accept registrations for your VBS program on your Congregation Site, you will be required to include a Terms of Use agreement and a Privacy Policy (including a separate Children's Privacy Policy) containing terms substantially similar to the documents you will be provided as part of your Tool Kit license. You may customize the documents provided by AFP so that they reflect the actual practices and procedures of your congregation. You may also place the VBS logo provided by AFP on your Congregation Site to advertise your congregation's VBS program, however, you may not modify the VBS logo in any manner, and may not reproduce or display it in any manner that would imply a relationship between you and AFP other than as a licensee of the Tool Kit and provider of the VBS program at your congregation.
These VBS Terms of Use do not grant you any rights to (and you are prohibited from): (i) granting any sublicense, distributing or transmitting the Tool Kit in whole or in part; (ii) modifying the Tool Kit or any components thereof; (iii) reverse engineering, decompiling, or disassembling the Tool Kit, except as expressly permitted by applicable law; and (iv) using the Tool Kit other than for the purpose of administering your congregation's VBS program. Although you may charge learners to participate in the VBS program, you may not charge additional fees for the use of any content on the Site, or printed or electronic copies you may make thereof.
Ownership of Site and AFP Content, Permissions
This Site, including the VBS Web Tool Kit and all of the content on this Site, and any Feedback you may provide to AFP (as described below) is owned by AFP or by third parties who have licensed their copyrights to AFP. No right, title or interest in this Site or any content on this Site is transferred to you under these VBS Terms of Use. Except as otherwise expressly provided in these VBS Terms of Use, no content on the Site may be copied or otherwise reproduced without the written permission of AFP. If you would like to obtain permission to use, reproduce, or display any content on this Site other than as expressly authorized by these VBS Terms of Use, please direct all inquiries to:
VBS Customer Care
Augsburg Fortress Publishers
PO Box 1209
Minneapolis, MN 55440-1209
Or, feel free to e-mail us with any questions at customercare@augsburgfortress.org.
Various product names, logos, designs, titles, words or phrases within this Site may be trademarks, service marks, or trade names of AFP or other entities. All other trademarks, product names, and company names and logos appearing on this Site are the property of their respective owners. Trademarks of AFP may not be used in connection with any product or service that is not authorized in writing by AFP or as expressly provided for in these VBS Terms of Use.
Ownership of Feedback
AFP welcomes your comments and feedback regarding this Site. All information and materials submitted to AFP through this Site or otherwise, such as any comments, feedback, ideas, questions, designs, data or the like, but not content (collectively, "Feedback"), will be considered NON-CONFIDENTIAL and NON-PROPRIETARY with regard to you, but AFP reserves the right to treat any such Feedback as the confidential information of AFP. For this reason, we ask you not to send us any information or materials that you do not wish to assign to us, including, without limitation, any confidential information or any original creative materials such as product ideas, computer code, or original artwork.
By submitting Feedback to AFP through this Site, you assign to AFP, free of charge, all worldwide rights, title and interest in all copyrights and other intellectual property rights in the Feedback you submit. AFP will be entitled to use any Feedback you submit to it, and any ideas, concepts, know-how or techniques contained in any such Feedback, for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products and services using such Feedback without restriction and without compensating you in any way.
You are responsible for the information and other content contained in any Feedback you submit to us, including, without limitation, their truthfulness and accuracy.
AFP also operates discussion forums on its main Site, www.augsburgfortress.org. The ownership of, responsibility for, and other related issues concerning content posted on discussion forums is governed by the General Terms of Use.
Right to Modify or Discontinue Site and Content
AFP reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, this Site (or any part thereof) with or without notice. You agree that AFP will not be liable to you or to any third party for any modification, suspension or discontinuance of this Site. In addition, any prices, technical specifications, and product offerings featured on this Site are subject to change at any time, with or without notice.
Links to Third Party Sites
This Site may provide links to other web sites or resources. Because AFP has no control over such sites and resources, you acknowledge and agree that AFP is not responsible for the availability of such external sites or resources, 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 further acknowledge and agree that AFP will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
Links to AFP Sites
We operate several web sites offering products, services, content and other features. This Site may contain hyperlinks to other web sites operated by AFP. The use of another AFP site is subject to the terms of use and other legal notices published on that site. The terms of use and legal notice vary from site to site. Before using another AFP site, take a few minutes to review the terms of use and other legal notices posted on that site.
International Visitors
Due to the international nature of the Internet, it is possible that this Site may be accessed by individuals outside of the United States. Accordingly, this Site may contain references to AFP products, programs, and services that may not currently be available in your country. These references do not imply that AFP intends to announce or make available any such products, programs or services in your country. For information on product availability within your country, contact our Product Order Center.
Disclaimer of Warranties and Limitations Of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, AFP EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH REGARD TO THE SITE AND THE TOOL KIT, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THIS SITE AND THE PRODUCTS AND SERVICES OFFERED THROUGH THIS SITE IS AT YOUR SOLE RISK. THIS SITE AND ALL PRODUCTS AND SERVICES OFFERED THROUGH THIS SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
UNDER NO CIRCUMSTANCES WILL AFP, ITS SPONSORS, CONTENT PROVIDERS, SERVICE PROVIDERS, OR LICENSORS, NOR ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, BE LIABLE TO YOU OR TO ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR ANY LOSS, INJURY, LIABILITY, DAMAGE OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS OF, USE OF, INABILITY TO USE, OR RELIANCE ON THIS SITE OR ANY PRODUCT OR SERVICE PROVIDED TO YOU THROUGH OR IN CONNECTION WITH THIS SITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND WHATSOEVER, WHETHER DIRECT OR INDIRECT, GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, LOSS OF DATA, GOODWILL, REVENUE OR PROFITS. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER BASIS; EVEN IF AN AUTHORIZED REPRESENTATIVE OF AFP HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES; AND WITHOUT REGARD TO THE SUCCESS OR EFFECTIVENESS OF OTHER REMEDIES.
IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, ILLEGAL OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF AFP, ITS CONTENT PROVIDERS, SERVICE PROVIDERS AND LICENSORS, AND ITS AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS, UNDER SUCH CIRCUMSTANCES TO YOU OR ANY PERSON OR ENTITY CLAIMING THROUGH YOU WILL NOT EXCEED THE AMOUNT YOU PAID FOR ACCESS TO THE SITE, IF ANYTHING.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
Additional Terms
PASSWORD
Upon purchasing the VBS Web Tool Kit, administrators will receive a username and password to use in order to access secured portions of the Site. If you receive a username and password, you may not share your username and password with any other person or authorize any other person to use your 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 username and password. You agree to notify AFP immediately of any known or suspected unauthorized use of your username and password or any other breach of security. AFP cannot and will not be liable for any loss or damage arising from your failure to protect the confidentiality of your username and password.
TERMINATION
Since this Site is limited to use with the 2010 VBS program, AFP intends to take down this Site in the fall of 2010. In addition, AFP may, under certain circumstances and without prior notice, immediately terminate your right to use the Site. Cause for such termination will include, but not be limited to, (a) breaches or violations of these VBS Terms of Use or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you or your Congregation, (d) discontinuance or material modification to the Site (or any part thereof), and (e) unexpected technical or security issues or problems. Further, you agree that all terminations for cause will be made in the sole discretion of AFP and that AFP will not be liable to you or any third party for such termination.
Indemnification
You agree to immediately notify AFP of and to indemnify and to hold AFP harmless from any and all claims (including reasonable attorneys' fees and costs) resulting from your acts, omissions, or representations in any way related to these VBS Terms of Use or your access to, and use of, the Tool Kit or your Congregation Site. You shall use your best efforts to cooperate with us in the defense of any claim. AFP reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
General Terms
TAKE SPECIAL CARE TO PROTECT CHILDREN UNDER THE AGE OF THIRTEEN
We recommend that parents and guardians instruct their children on the safe use of the Site and supervise their children as necessary. An excellent resource for teaching children to use the Internet safely is available at http://www.ftc.gov/bcp/conline/edcams/kidzprivacy/index.html.
CHOICE OF LAW AND FORUM
These VBS Terms of Use and the relationship between you and AFP will be governed by the laws of the State of Minnesota without regard to its conflict of law provisions. You and AFP agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Hennepin, Minnesota.
WAIVER AND SEVERABILITY OF TERMS
All waivers must be in writing and signed in ink on behalf of AFP. The failure of AFP to exercise or enforce any right or provision of these VBS Terms of Use will not constitute a waiver of such right or provision. If any provision of these VBS 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 VBS Terms of Use remain in full force and effect.
STATUTE OF LIMITATIONS
You 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 this Site or these VBS Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.
HEADINGS
The section titles in these VBS Terms of Use are for convenience only and have no legal or contractual effect.
ENTIRE AGREEMENT
These VBS Terms of Use and the Privacy Policy together constitute the entire agreement between you and AFP and govern your use of this Site, superseding any prior understandings or agreements between you and AFP. This Agreement may be amended or modified only as set forth above.
Effective November 13, 2008.