Terms & Conditions

This document contains important information about use of and subscription to TheVine. The terms "User", "You", or "Your" shall be used in this document to identify Subscribers (individual end users) and Advertisors.

TheVine may change, add, or remove any part of this document at any time and without prior notice. Should this happen TheVine will post changes on The Terms & Conditions page (http://www.thevine.co.nz/info/terms).

Member E-mails

As a member of TheVine you agree that:

1. TheVine can send you the 'The Word for Today' daily devotional e-mails every day until you cancel your membership.
2. TheVine can send you no more than 2 additional promotional e-mails per week. These e-mails include, but are not limited to, advertising and promotions for TheVine and our affiliates.
3. TheVine can send you service e-mails to facilitate your account. These include, but are not limited to, confirming your membership details, resetting your password, and changing your e-mail address.

Passwords

You are responsible for maintaining the confidentiality of Your information and password. You shall be responsible for all uses of your password, regardless of whether these uses are authorised by You. You agree to notify TheVine immediately of any unauthorised use of your registration or password.

Access to Services

TheVine may change, suspend, or discontinue any (or all) aspects of the site at any time, including the availability of any content or features.

Acceptable Use Guidelines

TheVine encourages Users to participate in the Internet experience, to voice their views, and to benefit from interactive experiences. Nonetheless, it is imperative that You are very aware that there are rules and standards that must be adhered to as a User of TheVine.

Users are solely responsible for their conduct while using any of TheVine site, including, but not limited to, the content of all e-mail messages You generate, all content in any folders, homepages, or any other interactions You generate, transmit, or maintain via TheVine. TheVine takes no responsibility for any such online distribution or publication by You or by any other party. TheVine cannot and will not review every message or other content You or any other party may generate or post, and TheVine is not responsible for the content thereof.

TheVine may include discussion forums or other interactive areas (chat, instant messaging, etc.). Forums and interactive areas shall be used only for non-commercial purposes.

By using any of the Services, You agree not to do any of the following:

1. Upload to, distribute or otherwise publish through TheVine Services any message, data, information, text or other material ("Content") that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, or otherwise objectionable.
2. Upload or transmit any Content that would constitute or encourage a criminal offence, violate the rights of any party, or would otherwise create liability or violate any local, national or international law.
3. Upload or transmit any Content that may infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any party. By posting any Content, You represent and warrant that You have the lawful right to distribute and reproduce such Content.
4. Impersonate any person or entity or otherwise misrepresent Your affiliation with a person or entity.
5. Without TheVine's written permission, distribute or publish unsolicited promotions, advertising, or solicitations for funds, goods, or services, including junk mail and junk e-mail ("spam").
6. Misrepresent facts historical and actual in the Christian Holy Bible (all approved editions).

As a User of TheVine, should You or anyone using Your privileges, violate the terms of this agreement (as determined in TheVine's sole discretion), TheVine reserves the right to delete, move, or edit any such items, and TheVine may take other actions against You ranging from the issuing of a warning about a violation to the termination of User privileges without advance notice. Whether or not to take such actions at any time shall be at TheVine's sole discretion.

Web Site Security Rules

Users are prohibited from violating or attempting to violate the security of the Services, including, without limitation:

1. Accessing data not intended for such User or logging into a server or account which the User is not authored to access.
2. Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorisation.
3. Attempting to interfere with service to any user, host, or network, including, without limitation, via means of submitting a virus to TheVine web site or network, overloading, "flooding," "spamming," "mail bombing," or "crashing"
4. Sending unsolicited e-mail, including promotions and/or advertising of products or services; or
5. Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil or criminal liability.

TheVine will immediately terminate, without warning, any account which it believes, in its sole discretion has breached this section. TheVine will investigate occurrences that may involve such violations and may involve, and co-operate with, law enforcement authorities in prosecuting users who are involved in such violations. TheVine reserves the right to co-operate with any and all law enforcement agencies, including complying with warrants, court orders and subpoenas. TheVine is entitled to disclose to law enforcement agencies any information about You, the User, and anything You do with respect to TheVine site and its tools. By Your use of TheVine site and its tools, You authorise TheVine to take such action.

Termination

Notwithstanding any of these terms and conditions, TheVine reserves the right, without notice and in its sole discretion, to terminate a User's ability to access and use TheVine Site. TheVine does not provide mail or web page forwarding at termination. You may also terminate this Agreement and Your account by discontinuing Your use of TheVine Services.

Copyrights

TheVine policy respects the copyright and intellectual property rights of others. TheVine may remove content that appears to infringe the copyright or intellectual property rights of others. TheVine retains the right to immediately terminate, without warning, accounts of users who appear to infringe upon the copyright or intellectual property rights of others, and may remove any content from TheVine Service that may infringe the copyright of a third party.

TheVine's copyright agent for notice of claims of copyright infringement can be reached by mail or e-mail as follows:

If you believe that any content posted on TheVine web site, or any web site that is part of TheVine network, infringes any of your intellectual property rights or the intellectual property rights of any third party, you shall promptly provide the following notice in writing to the address listed above:

1. A physical or electronic signature of a person authored to act on behalf of the owner of an exclusive right that is allegedly infringed.
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
4. Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
5. A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authored by the copyright owner, its agent, or the law.
6. A statement that the information in the notification is accurate, and under penalty of perjury that the complaining party is authored to act on behalf of the owner of an exclusive right that is allegedly infringed. TheVine may change this address at any time by posting a notice to its web site.

Indemnity

You, the User will indemnify and hold TheVine, its parents, subsidiaries, affiliates, officers, and employees harmless, including costs and attorneys' fees, from any claim or demand made by any third party due to or arising out of the User's access to the Site, use of the Services, the violation of this Agreement by the User, or the infringement by the User, or any third party using the User's account, of any intellectual property or other right of any person or entity.

Miscellaneous

TheVine takes no responsibility and assumes no liability for any Content posted or uploaded by You or any third party, including, but not limited to, any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography, or profanity You may encounter. TheVine reserves the right, but not the obligation, to remove any materials it deems objectionable. You agree to hold harmless TheVine and its affiliates and parties with whom TheVine has contracted for purposes of communications made, or materials posted by others, or the use of third parties of this Site.

Advertisers

Any and all transactions entered into by the User on TheVine site or involvement by Users in promotions, including the delivery of and payment for goods and services, any stipulations, provisions, warranties, or representations related to such transactions or promotions are exclusively between You, the User and the Advertiser or other third party or Value Added Reseller. TheVine shall not be held accountable or liable for any part of any such transactions or promotions.

Privacy Policy

TheVine has created a privacy policy for the protection of User's information. We reserve the right to amend the privacy policy from time to time pursuant to the terms of this agreement. You may view the privacy policy at http://www.thevine.co.nz/info/privacy.

Additional Terms of Use

Certain areas of Services are subject to additional terms of use. By using such areas, or any part thereof, you agree to be bound by the additional terms of use applicable to such areas.

General

This Addendum shall contain, but shall not be limited to, the following terms and conditions:

1. Only a License: You shall only be granted a license to the Services (including all of the services and software provided by TheVine or its third party suppliers) and other intellectual property rights. All licenses granted pursuant to this agreement will expire upon termination of this agreement.
2. Ownership: This agreement shall not be interpreted to transfer any rights in any intellectual property from TheVine to You. TheVine or its licensors shall own all services, software, copyrights, and other intellectual property provided by TheVine in furtherance of this agreement.
3. Warranty: The software and services provided by TheVine shall be provided "as is" and without warranty of any kind, including the implied warranties of merchantability and fitness for a particular purpose. TheVine does not warrant that its software or services will be error free or without interruption. TheVine does not guarantee or warrant that any content or data You may have in Your account will not be subject to inadvertent damage, corruption, or destruction. If any data, messages, images, or other content in Your account are stored by TheVine on its system and that media becomes damaged, lost, or corrupted in any way; TheVine will have no obligation or liability to You.
4. Liability Limitations: Except as to indemnity, in no event shall TheVine, its suppliers, or any third parties mentioned on the web site be liable for any damages whatsoever including, without limitation, incidental and consequential damages, lost profits, or damages resulting from lost data or business interruption) resulting from the use or inability to use the services, whether based on warranty, contract, tort, or any other legal theory, and whether or not TheVine is advised of the possibility of such damages.
5. Confidentiality: All information of either party that would be reasonably considered to be confidential shall not be disclosed or used by the other party except in furtherance of this agreement and to employees with a need to know such information.
6. Governing Law: This agreement shall be governed by the laws of New Zealand and the United States of America.

Terms Specific To Advertisors

Please disregard this section if You are not an advertisor. You have expressed interest in becoming a advertisor with TheVine (hereafter referred to as "Advertisor"). There are additional privileges and responsibilities associated with this category. It is necessary that You carefully read the following addendum. In it are additional terms and conditions. If You do not fully accept the language in this addendum, you will not be able to become a Advertisor with TheVine. The terms and conditions of this addendum are non-negotiable. No changes (additions or deletions) will be accepted by TheVine.

1. Application Hosting: Advertisor agrees that its web site will be served (hosted) by TheVine, with a URL redirect for the Advertisor web site address at the DNS level, if the Advertisor owns a Network Solutions provided URL. The Advertisor has the right to secure, on a first come first served basis, the file structure name that corresponds directly with their ministry or church's name (e.g., AdvertisorName.thevine.co.nz).
2. TheVine Legend: The Advertisor agrees to a TheVine legend to be placed at the top of each Advertisor Web page. The legend will contain several links to TheVine areas of general interest and will be accompanied by a statement similar to the following: "Part of TheVine Network."
3. Sublicensed Content: You agree that content You put on Your web site may be sublicensed through TheVine as a bundle to third parties. The scope of such sublicensing of content (and sublicenses of such content) provided by You shall be in TheVine's sole discretion.
4. Future Services: Services in this Addendum or later developed and provided will be classified as "Royalty Free Service" or "Royalty Based Services." Royalty Free Services are Services that TheVine provides at no charge to the Advertisor during the Term. Royalty Services are Services that TheVine may provide to the Advertisor, at Advertisor's option, and will require that the Advertisor pay a services fee, a transaction fee, or any other mutually agreed to financial exchange.
5. Publicity: Advertisor agrees that TheVine may use its name (or trademark) in a press release announcing the launching of TheVine services.