Terms and Conditions of Use
Welcome to the Awana.org (“Website”). Awana Clubs International, an Illinois not-for-profit corporation (“Awana”), provides you with access to the Website under the terms and conditions embodied in this Terms and Conditions of Use ("TOU"). References to “you” or “your” in this Agreement refers you and to the church on whose behalf you are accessing the Website. Please read this TOU carefully before accessing the Website.
Grant of License
Awana grants you a non-exclusive, non-transferable, revocable, limited license to access the Website (“License”) for your personal use or the use of your children’s ministry. Awana, in its sole discretion, may terminate your License at any time, for any reason, and without any notice.
Login Name and Password
If you obtain a login name and password you agree that your login name and password are personal to you and non-transferable. You agree that you will not allow any other person to use your login name or password to access content on the Website. Awana may, in its sole discretion, delete or deactivate your account or otherwise terminate your access to or use of the Website, or any part thereof, immediately and without notice, and remove and discard any content posted by you or contained within your account, for any reason. If users between the ages of 14 and 18 use a login name and password to purchase goods from the Website they should do so only with parental involvement.
Acceptable Use of Website
You may not use the Website in any manner that could disable, overburden, damage, or impair the Website, that would be defamatory to Awana, or that would interfere with any other party’s use and enjoyment of the Website. You agree not to post or otherwise make available content that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another's privacy, or is harmful to minors in any way; impersonates any person or entity or falsely states or otherwise misrepresents your affiliation with a person or entity; includes personal or identifying information about another person without that person's explicit consent; infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or employs misleading names, email addresses, other contact information, or forged headers or otherwise manipulated identifiers in order to disguise the origin of content. You agree not to contact anyone who has asked not to be contacted, or make unsolicited contact with anyone for any commercial purpose; "stalk" or otherwise harass anyone; collect personal data about other users for commercial or unlawful purposes; or repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure. You agree never to transmit or attempt to transmit any detrimental data or programs to the server hosting the Website. You agree not to use the Website in any manner that could damage, disable, overburden or impair the Website. Damage caused by you to the Website or any of its licensees may subject you to both civil and criminal penalties. You may not access the Website through unauthorized means or obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Website. You may not, and may not authorize any party, to: (i) co-brand the Website; (ii) frame the Website; or (iii) hyper-link to content accessed through use of a login name and password without the express prior written permission of an authorized representative of Awana. For purposes of this TOU, "co-branding" means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute the Website or content accessible within the Website. You agree to cooperate with Awana in causing any unauthorized co-branding, framing or hyper-linking immediately to cease.
Privacy and Information Collected
ACCESS TO THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITH NO WARRANTIES OR RESPRESENTATIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OR REPRESENTATIONS CONCERNING QUALITY, PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR INTELLECTUAL PROPERTY RIGHTS. YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK.
Limitation of Liability
AWANA SHALL NOT BE LIABLE FOR ANY ACTS, ERRORS, OMISSIONS, BREACHES, NEGLIGENCE, OR FOR ANY LOSS, CLAIM, INJURY, DEATH, LIAIBILITY, PROPERTY DAMAGE, OR ANY OTHER DAMAGES OR EXPENSES RESULTING FROM THE WEBSITE OR ANY HYPERLINKS. AWANA HAS NO LIABILITY AND WILL MAKE NO WARRANTY, REFUND, OR OTHER RESTITUTION TO YOU WITH REGARDS TO THE WEBSITE FOR ANY REASON, INCLUDING, BUT NOT LIMITED TO, DELAYS, CANCELLATIONS, STRIKES, GOVERNMENTAL ISSUES, OR FORCE MAJEURE. THERE IS ALWAYS THE POSSIBILITY OF ENCOUNTERING COMPUTER VIRUSES, AND PLACING YOUR SYSTEM ONLINE IN ITSELF CAN OPEN YOU TO OUTSIDE ATTACK. AWANA DOES NOT TAKE RESPONSIBILITY OR ASSUME LIABILITY FOR VIRUSES. AWANA SHALL NOT BE LIABLE FOR ANY DAMAGES CAUSED BY DELAY OR ERROR IN ACCESS OR TRANSMISSION, IMPROPER USE, UNAVAILABILITY, INTERRUPTION, FAILURE IN PERFORMANCE, DEFECTS, ERRORS IN CONTENT OR ANY OTHER CAUSE OF ACTION RELATED TO THE WEBSITE OR ANY HYPERLINKS. AWANA SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR TERMINATION OF YOUR LICENSE. IN NO EVENT SHALL AWANA BE LIABLE FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, EVEN IF AWANA IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, AWANA’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO YOUR CEASING USE OF THE WEBSITE. YOUR STATE'S LAW MAY OVERRIDE OR DISPLACE SOME OF THESE EXCLUSIONS AND LIMITATIONS.
You agree to comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of the Website. Awana reserves the right to investigate complaints or reported violations of this TOU and to take any action it deems appropriate, including but not limited to canceling your License, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your use of the Website.
You agree to indemnify and hold Awana, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of content you submit, post or make available through the Website, your use of the Website, your violation of the TOU, your violation of any other policy, or your violation of any rights of another.
The Website contains Awana service marks and trademarks as well as those of other organizations, in the form of words, graphics, and logos. Your use of the Website does not constitute any right or license for you to use such service marks or trademarks, without the prior written permission of the corresponding service mark or trademark owner. Awana claims ownership of intellectual property rights in the Website and its content to the maximum extent provided by copyright laws and international treaties. The copying, reproduction, redistribution, modification, use or publication by you of the Website or its content is strictly prohibited. Your use of the Website does not grant you ownership rights of any kind in the Website or its content. At times, Awana may provide material online and grant permission to use the material with certain restrictions. This permission extends only to registered churches and their leaders as long as all copyright, trademark and proprietary notices are included on the material; the material is not modified in any manner; and the use of material is non-commercial in nature. The permission does not grant you any ownership rights in the material, and your use of the material inures to the benefit of Awana.
If you post or make available content to the Website you automatically grant, and you represent and warrant that you have the right to grant, to Awana an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute the content and to prepare derivative works of the content. All comments, suggestions, ideas or other information or content that you send to Awana through the Website become and remain the property of Awana, even after this TOU terminates. Awana is not obligated to keep any submission confidential. You cannot sue Awana for using ideas that you submit. If Awana uses your idea or any similar idea, Awana does not have to compensate or credit you or anyone else for doing so. Awana will have exclusive ownership of all present and future rights to submissions of any kind. Submissions may be used as Awana determines is appropriate without compensation or credit to anyone. You acknowledge that you are responsible for any submission you make. You accept full responsibility for the message, including its reliability, appropriateness, originality and copyright.
Links to Other Websites
The Website may contain links to third party websites. The links are provided solely as a convenience to you. By linking to these websites, Awana does not create or have an affiliation with, or sponsor such third party websites. Awana does not review all sites that may be linked directly or indirectly to the Website. The inclusion of links within the Website does not constitute any endorsement, guarantee, warranty, or recommendation of such third party websites. Awana has no control over the legal documents and privacy practices of third party websites and is not responsible for objectionable content that may be on other websites. Your access to and use of any such third party websites is at your own risk. If you find a linked site that contains objectionable material, is outdated or does not operate, please send a message to webmaster@Awana.org.
This TOU constitutes the entire agreement between Awana and you with respect to the Website. This TOU shall be governed by and construed in accordance with the laws of the State of Illinois without regard to conflicts of laws provisions. Sole and exclusive jurisdiction for any action or proceeding arising out of or related to this Agreement shall be an appropriate state or federal court located in Cook County, Illinois. Any cause of action you may have with respect to this TOU must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of the TOU, or any portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the TOU, and the remainder of the TOU shall continue in full force and effect. To the extent that any content in the Website conflicts or is inconsistent with this TOU, this TOU shall take precedence. Awana’s failure to enforce any provision of this TOU shall not be deemed a waiver of such provision nor of the right to enforce such provision. The rights of Awana under this TOU shall survive the termination of this TOU. You may not assign this TOU.