Terms of Service
Using Max7 - General Information
Max7 users are able to practically participate in the Max7 community by donating resources or providing feedback on resources. All resources available from Max7 are anonymous – all contributors have agreed to this anonymity.
Comments that provide constructive feedback on using resources in different contexts are encouraged on this website. Your perspective is unique and you may have experience that is useful to others in their ministry as they serve children and young people.
If you are providing comments about resources please do not compromise the anonymity of resource producers. If such a comment is posted, you will be requested to remove the comment. If no action is taken, the comment will be removed by a moderator. Your help in this is appreciated.
You are free to use any Max7 resource so long as it is not for profit or any other commercial purposes, the use is consistent with the Max7 values, which may be found at http://max7dialup.org/about, and your use does not contravene any applicable law or regulation.
This means you can:
- Duplicate resources for your own use and/or the use of your leaders, children, church or group.
- Distribute resources for your own use and/or the use of your leaders, children, church or group.
You cannot sell resources or incorporate them in any commercial offering.
If you are aware of Max7 resources being sold, or have any questions please contact firstname.lastname@example.org.
If you copy and/or distribute Max7 resources (whether by burning, sending, duplicating or whatever means) please make reference to www.max7.org in order to let others know about the website and resources.
Please continue reading for more specific ‘Terms of Service’ for the Max7 website.
1. Your Acceptance
BY USING AND/OR VISITING THIS WEBSITE (collectively, including all Content available through the Max7.org domain name, the "Max7 Website", or "Website"), YOU SIGNIFY YOUR ASSENT TO BOTH THESE TERMS AND CONDITIONS (the "Terms of Service") AND THE TERMS AND CONDITIONS OF MAX7'S PRIVACY NOTICE, WHICH ARE PUBLISHED AT http://max7dialup.org/about/privacy, AND WHICH ARE INCORPORATED HEREIN BY REFERENCE. If you do not agree to any of these terms, then please do not use the Max7 Website.
2. Max7 Website
3. Website Access
A. Max7 hereby grants you permission to use the Website as set forth in this Terms of Service, provided that: (i) your use of the Website as permitted is solely for non-commercial purposes (sale or profit) (ii) you will not copy or distribute any part of the Website in any medium for any commercial purposes (sale or profit) (iii) your use is consistent with the Max7 values, which may be found at http://max7dialup.org/about, (iv) your use does not contravene any applicable law or regulation, and (v) you will otherwise comply with the terms and conditions of these Terms of Service.
This means Max7 Users are able to copy and/or distribute resources for personal use and/or the use of your leaders, children, church or group.
B. When Max7 resources are downloaded, users have permission to modify resources and resubmit them to the Max7 website subject to these Terms of Service.
C. In order to access some features of the Website, you will have to create an account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Max7 immediately of any breach of security or unauthorized use of your account. Although Max7 will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Max7 or others due to such unauthorized use.
Please choose carefully the information you post on Max7 and that you provide to other Users.
4. Intellectual Property Rights
The content on the Max7 Website, except all User Contributions (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Max7, subject to copyright and other intellectual property rights as detailed under Copyright Act 1968 (Cth) (Australia) and other applicable legislation.
Max7 is not responsible for the content uploaded as User Contributions.
When users contribute resources they agree:
- To provide the resources without cost or charge;
- To provide resources with anonymity;
- That the resources may be posted on the Max7 Website, reproduced, published and communicated without attribution;
- That the resources may be downloaded, copied and duplicated by other Max7 users for non commercial purposes, free of charge;
- That resources donated to the Max7 website have a perpetual ‘open’ license which means:
- That resources may be modified by other Max7 users,
- That modified resources may be reposted to the Max7 website, and will be subject to the same 'open' license the original resources were contributed with.
5. User Contributions
A. The Max7 Website may now or in the future permit the submission of resources (video, text, audio, graphic or other) submitted by you and other users ("User Contributions") and the hosting, sharing, and/or publishing of such User Contributions. This includes the submission of User Comments in relation to resources.
B. By submitting User Contributions, users understand and agree that no written or other acknowledgment for submitted User Contributions will be made on the Max7 Website – all User Contributions are listed anonymously on the Website. Any identifying features, including User Comments, may be removed from the resources and/or website to maintain this anonymity. In submitting a User Contribution, users waive all their moral rights in such User Contribution, consent to anything being done by Max7 or any user of the Max7 Website in respect of such User Contribution that could otherwise amount to an infringement of such moral rights, and warrant that they have obtained such consent from all authors of the User Contributions.
C. All User Contributions are provided without any expectation of or entitlement to payment or other compensation.
D. You shall be solely responsible for your own User Contributions and the consequences of posting or publishing them. In connection with User Contributions, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize Max7 to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Contributions to enable inclusion and use of the User Contributions in the manner contemplated by the Website and these Terms of Service; and (ii) where applicable, you have the written consent, release, and/or permission of each and every identifiable individual person in the User Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Contributions in the manner contemplated by the Website and these Terms of Service. By submitting the User Contributions to Max7, you hereby grant Max7 an irrevocable, worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, communicate, translate and perform the User Contributions in connection with or through the Max7 Website, including without limitation for promoting and redistributing part or all of the Max7 Website (and derivative works thereof) in any media formats and through any media channels.
E. You also hereby grant each user of the Max7 Website an irrevocable, non-exclusive, royalty-free license to access your User Contributions through the Website, and to use, reproduce, distribute, prepare derivative works of, display, communicate, translate and perform such User Contributions as permitted through the functionality of the Website and under these Terms of Service. F. In connection with User Contributions, you further agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Max7 all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage Max7 or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business: (v) impersonate another person.
G. Max7 does not endorse any User Contributions or any opinion, recommendation, or advice expressed therein, and Max7 expressly disclaims any and all liability in connection with User Contributions. Max7 does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and Max7 will remove all Content and User Contributions if properly notified that such Content or User Contributions infringes on another's intellectual property rights. Max7 reserves the right to remove Content and User Contributions without prior notice. Max7 will also terminate a User's access to its Website for repeat infringements. A repeat infringer is a User who has been notified of infringing activity more than twice and/or has had User Contributions removed from the Website more than twice. Max7 also reserves the right to decide whether Content or User Contributions are appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. Max7 may remove such User Contributions and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.
H. In particular, if you are a copyright owner or an agent thereof and believe that any User Contributions or other content infringes upon your copyrights, you should refer to our Takedown Policy and submit a "Notice of Claimed Infringement" to contact Max7 at email@example.com, outlining the infringement pursuant to the Copyright Act 1968 (Cth) (Australia).
For more information pleasure see our Take Down Procedure
I. You understand that when using the Max7 Website, you will be exposed to User Contributions from a variety of sources, and that Max7 is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Contributions. You further understand and acknowledge that you may be exposed to User Contributions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Max7 with respect thereto, and agree to indemnify and hold Max7, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.
6. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE MAX7 WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, MAX7, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. MAX7 MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE MAX7 WEBSITE. MAX7 DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE MAX7 WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND MAX7 WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
7. Limitation of Liability
IN NO EVENT SHALL MAX7 BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE MAX7 WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
IN THE EVENT THAT ANY IMPLIED CONDITIONS AND WARRANTIES CANNOT BE EXCLUDED UNDER THE TRADE PRACTICES ACT 1974 (CTH), MAX7 LIMITS ITS LIABILITY TO THE REPLACEMENT OR RE SUPPLY OF EQUIVALENT GOODS AND SERVICES.
YOU SPECIFICALLY ACKNOWLEDGE THAT MAX7 SHALL NOT BE LIABLE FOR USER CONTRIBUTIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Website is controlled and offered by Max7 from facilities in Australia. Max7 makes no representations that the Max7 Website is appropriate or available for use in other locations. Those who access or use the Max7 Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
You agree to defend, indemnify and hold harmless Max7 from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Max7 Website; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Contributions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Max7 Website.
9. Ability to Accept Terms of Service
You affirm that you are either more than 18 years of age, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. If you are under 18 years of age, then you will need parental permission to use this website.
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Max7 without restriction.
You agree that: (i) the Max7 Website shall be deemed solely based in New South Wales, Australia; and (ii) the Max7 Website shall be deemed a passive website that does not give rise to personal jurisdiction over Max7, either specific or general, in jurisdictions other than New South Wales. These Terms of Service shall be governed by the internal substantive laws of the State of New South Wales without respect to its conflict of laws principles. Any claim or dispute between you and Max7 that arises in whole or in part from the Max7 Website shall be decided exclusively by a court of competent jurisdiction located in Sydney, New South Wales. These Terms of Service, together with the Privacy Notice at http://max7dialup.org/about/privacy and any other legal notices published by Max7 on the Website, shall constitute the entire agreement between you and Max7 concerning the Max7 Website. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and Max7 failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. Max7 reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the Max7 Website following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND MAX7 AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE MAX7 WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.