Last Updated: April 16, 2020
TERMS OF SERVICE
Website for the Chinese Draft Translation of Mary Baker Eddy’s Science and Health with Key to the Scriptures
Welcome to the website for the Chinese Draft Translation of Mary Baker Eddy’s Science and Health with Key to the Scriptures, available at login.chinesesh.christianscience.com (the “Service”), an interactive website of The First Church of Christ, Scientist (“TFCCS,” or “We,” “Us,” “Our”).
Governing Language. For all purposes, this English language version of these Terms of Service shall be the original, governing instrument and understanding of the parties. In the event of any conflict between this English language version of these Terms and any subsequent translation into any other language, this English language version shall govern and control.
Certain capitalized words in the Terms have the following meaning:
- “You" or “Your” means the person or entity using the Service.
- "Content" means information, text, translations, software, graphics, other materials, and the compilation of such materials that We make available through the Service.
- “Content” includes:
- the literary work entitled Science and Health with Key to the Scriptures by Mary Baker Eddy in English (“Science and Health”),
- two new Chinese-language translations of Science and Health (each a “Translation” and together the “Translations”), and
- any comments, suggestions, or edits related to the Translations or the Service submitted for consideration by TFCCS (“Comments”).
- “Content” includes:
1. THE SERVICE
The Service is being offered as an online platform for visitors to offer Comments. The Translations are working translations and not suitable for further publication or distribution. They are made available solely so that interested visitors may offer Comments for improving the quality of the Translations. No permission is granted to make copies of the Translations, Comments, or other Content of the Service.
2. OUR PROPRIETARY RIGHTS IN THE SERVICE
The Service is © The Christian Science Board of Directors. The Content is the property of TFCCS or its suppliers and protected by copyright law in the United States and in other countries, and may also be protected by database, privacy, trademark, and other applicable laws. All rights not expressly granted through the Terms are reserved.
3. SUBMISSIONS OF CONTENT
Copyright in certain submissions. If You submit Comments through the Service, You acknowledge that neither You nor TFCCS have any intention to create joint works, that You are not a joint-author of any of the Content, and that You expect no attribution or compensation for any contributions You make to the Content or the Service.
When You submit Comments, You accept and agree that We own copyright in the Comments, according to the following terms:
With respect to any comments, suggestions, or edits I submit to TFCCS related to the Translations or Service (“Comments”), in consideration for the opportunity to participate, I agree for myself, my heirs and assigns, that the Comments are specially ordered and commissioned by TFCCS as “work made for hire” as defined in United States Copyright Law. If the Comments do not so qualify, I irrevocably assign to TFCCS, its successors and assigns, from the moment of creation, any and all rights in the Comments throughout the universe for TFCCS’s unrestricted use in any and all media, with or without modification or attribution. I also irrevocably relinquish for the benefit of TFCCS and its licensees any moral rights in the Comments which may be recognized under applicable law. I agree that TFCCS and I have no intention to create joint works and that I am not a joint-author of the Comments or Translations. I warrant that the Comments I submit do not violate the rights of any third party and that I expect no attribution or compensation for them.
TFCCS may publish Comments at its sole discretion. Please do not submit any comments that are commercial in nature, obscene, defamatory, or derogatory of others, or that violate copyrights or other rights.
4. USE OF THE SERVICE
You are solely permitted to view Content from the Service and to submit Comments for editorial improvements to the Content. No other uses of the Content are permitted, including without limitation, modifying, copying, printing, downloading, distributing, sharing online, public display, emailing, posting on social media, or otherwise.
You may not:
- Access the Service by any means other than through the authorized interface that is provided by Us.
- Use or provide access to any portion of the Service or its Content (including providing Your account name or password) for any public or commercial purposes.
- Use the Service to engage in fraudulent or illegal activities.
To request permission to use Content from the Service that is clearly owned by third parties, please contact the copyright owners directly.
To request permission to use Content from the Service that is not clearly owned by third parties, please email: email@example.com.
The Cross and Crown design and the Mary Baker Eddy signature design are either trademarks, service marks, or registered trademarks of The Christian Science Board of Directors in the United States and in other countries.
6. YOUR REGISTRATION OBLIGATIONS
- Are at least 18 years old.
- Are not barred from receiving services under the laws of the United States or other applicable jurisdiction.
- Will provide true, accurate, current and complete information about Yourself when registering ("Registration Data").
- Will maintain and promptly update the Registration Data to keep it true, accurate, current and complete.
We may terminate Your account if You provide false information.
Visitors under the age of 18
Visitors to the Service must be 18 years or older. If it is learned that Personal Data has been collected from a registrant younger than 18, that Personal Data will be deleted from Our database as quickly as practical and the account will be deleted. If You are a parent and have questions about such information, email Us at firstname.lastname@example.org.
7. MEMBER ACCOUNT, PASSWORD AND SECURITY
Registration, or creating an account by establishing a username and password, allows you to have access to Content in the Service, including any Comments that You have provided, but You will not be able to see Comments from other visitors. You are responsible for maintaining the confidentiality of Your username and password and are fully responsible for all activities that occur under Your account. You must (a) immediately notify Us of any unauthorized use of Your account or any other breach of security, and (b) ensure that on any device accessible by multiple users You exit from Your account at the end of each session. We are not liable for any loss, damage or disclosure arising from Your failure to comply with this Section.
9. INTERSTATE NATURE OF COMMUNICATIONS ON NETWORK
You acknowledge that in using the Service to send electronic data, You will be causing data to be sent through Our and Our supplier's computer networks, located in the United States. Due to the nature of electronic communications, even communications that seem to be intrastate in nature can result in the interstate or international transmission of data regardless of where You are physically located at the time of transmission. Accordingly, by agreeing to these Terms, You acknowledge that use of the Service may result in interstate or international data transmissions.
10. INTERNATIONAL USE
You must comply with all local rules and applicable laws regarding online conduct and the transmission of acceptable content.
You agree to indemnify, defend (at Our election) and hold harmless TFCCS, its affiliated entities, successors, companies, contractors, officers, directors, trustees, employees, agents, representatives, service providers, and/or assigns and its third-party suppliers, licensors, licensees and partners, from and against any and all actions, claims, losses, liabilities, demands, costs, expenses (including reasonable outside attorneys’ fees and legal costs) and damages (“Losses”), arising out of Your use or misuse of the Service, any breach or alleged breach by You of these Terms, any breach or alleged breach of the copyright, trademark, proprietary or other rights of third-parties by You, or any breach of the representations, warranties, and covenants made by You under these Terms. TFCCS reserves the right, at Your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify TFCCS, and You agree to cooperate with TFCCS in the defense of these claims. TFCCS shall not settle an action You have agreed to indemnify without Your prior consent, which consent shall not be unreasonably withheld or delayed.
12. MODIFICATIONS TO SERVICE
The Service may be occasionally updated with new features or improvements, and We may notify You of significant changes. We reserve the right to modify the Service (or any part thereof), and We shall not be liable to You or to any third party for such modification of the Service.
13. CANCELLATION, SUSPENSION AND TERMINATION
We reserve the right to cancel the Service (or any part thereof), and We shall not be liable to You or to any third party for such cancellation of the Service.
We may immediately suspend the Service or access to the Service. We will make reasonable efforts to notify You beforehand, but shall not be liable should we fail to notify You of such suspension.
TERMINATION FOR CAUSE
We may, under certain circumstances and without prior notice, immediately terminate Your account, any associated Registration Data, and/or access to the Service, and delete Personal Data or Content collected by the Service. Causes for such termination shall include, but not be limited to: (a) breaches or violations of these Terms or other incorporated agreements or guidelines, (b) excessive or inappropriate submissions or other misuse of the Service, or (c) compliance with court orders or enforcement actions by United States government agencies. All terminations for cause shall be made in Our sole discretion and may include barring further use of the Service. We shall not be liable to You or any third-party for any suspension or termination of Your account, or access to the Service or deletion of Personal Data or Content.
14. DISCLAIMER OF WARRANTIES
a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b. WE MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE OR SERVICE WILL BE CORRECTED.
c. ANY INTERACTION WITH MATERIALS OBTAINED THROUGH USE OF THE SERVICE IS DONE 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 ACCESSING ANY SUCH MATERIAL.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
e. WE MAKE NO WARRANTY THAT YOUR PERSONAL DATA, INCLUDING YOUR IDENTITY, WILL BE ENTIRELY SECURE FROM THIRD-PARTY INTERCEPTION, AS THERE IS NO WAY TO COMPLETELY SECURE INTERNET COMMUNICATIONS.
15. LIMITATION OF LIABILITY
WE 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 WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE. SUBJECT TO AND NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL WE BE LIABLE TO YOU IN THE AGGREGATE FOR MORE THAN $100.
16. 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 MAY NOT APPLY TO YOU.
17. NO THIRD PARTY BENEFICIARIES
Except as otherwise expressly provided in these Terms, there shall be no third party beneficiaries to these Terms.
We may provide You with notices, including those regarding changes to these Terms, by postings on the Service.
Any notice You desire to send to Us may be sent to email@example.com.
19. GENERAL INFORMATION
a. Entire Agreement. These Terms constitute the entire agreement between You and Us and governs Your use of the Service.
b. Choice of Law and Forum. You agree the Terms shall be exclusively governed by the laws of the United States and the Commonwealth of Massachusetts without regard to its conflict of law provisions. Your exclusive forum for bringing any claim or cause of action against Us is the courts located in Boston, Massachusetts U.S.A. You hereby accept and submit to the personal and exclusive jurisdiction of such courts in any proceeding or action. With respect to any such proceeding or action brought in such courts, You hereby irrevocably waive, to the fullest extent permitted by law: (a) any objection You may have now or in the future to such jurisdiction or venue, and (b) any claim that such action or proceeding has been brought in an inconvenient forum. Nothing limits Our right to commence and prosecute any legal or equitable action or proceeding before any court of competent jurisdiction throughout the world to obtain injunctive or any other form of relief. Furthermore, You and We agree that each may bring claims against the other only in Your individual or Our entity’s capacity and not as a plaintiff or class member in any purported class or representative action. Further, You and We agree that, in any action arising from or relating to the Service or TFCCS, the action will be tried before a judge, and You and We expressly waive the right to have any such claim in connection with such action heard by a jury.
c. Waiver and Severability of Terms. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms 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 remain in full force and effect.
d. No Right of Survivorship and Non-Transferability. Your account is non-transferable and any rights to Your account or other information within Your account terminate upon Your death. Upon receipt of a copy of a death certificate, Your account may be terminated and all contents therein permanently deleted.
e. Statute of Limitations. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
f. No Personal Liability. No director, officer, trustee, employee or agent of TFCCS or its affiliates shall be personally liable for the performance of or failure to perform any provision of this Agreement.
The section titles in these Terms are for convenience only and have no legal or contractual effect.