Terms of Use

Terms of Use Agreement for the Web Site of Highland Presbyterian Church


READ THIS FIRST. This section contains the Terms of Use that govern your use of the Highland Presbyterian Church (“HPC” or “Owner”) web site.  It contains information that you, the “User,” should familiarize yourself with before you use the HPC website.  By using the HPC website (“Website”) the “User,” is deemed to be bound by all of the terms set out below.


1. HPC Web Site Content and Intellectual Property Protection.


A. Material on the website, including but not limited to text, software, code, graphics, images, data, audio and video (collectively, the “Materials”), is owned by the Owner or third-party licensors. The Owner and/or third-party licensors retain all proprietary rights to the Materials, including all intellectual property rights associated therewith (e.g., copyrights, patents, trademarks, trade secrets and know-how). Users may not sell, modify, reproduce, display, publicly perform, preach, prepare derivative works based upon, distribute or otherwise use the Materials in any way without first obtaining the written permission of the Owner. Requests for permission may be sent to: Head of Staff – Highland Presbyterian Church,1011 Cherokee Road Louisville, KY 40204.

B. Users must retain all copyright, trademark and other proprietary notices contained in the original Materials on any copy Users make of the Materials.


2. User Postings on the Web Site.


A. Users are responsible for their own communications and are responsible for the consequences of any of their postings in the public areas of the website. By submitting any material for posting on the website, Users automatically grant the Owner a royalty-free, perpetual, irrevocable, nonexclusive and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display and otherwise use and exploit such material (in whole or in part) worldwide and/or to incorporate it in other work in any form, media or technology now known or later developed.

B. Owner does not represent or guarantee the accuracy, completeness or reliability of any material posted by Users of the website nor do we endorse any opinions expressed by any Users. Users rely on material posted by other users only at User’s own risk. Although the Owner may occasionally screen or monitor material posted by Users, the Owner does not do so systematically, and the Owner is not obligated to do so.

C. Owner may for any reason edit, refuse to post or remove without notice any materials posted by Users, but has no obligation to do so. If Users become aware of any material that violates these Terms of Use, Users may email such information to the Owner at hpc@hpclouisville.org. Owner does not guarantee that any action will be taken as a result of User’s contact.


3. Prohibited Activities.


Users may not do any of the following while using the website:

  • Upload messages, information, data, text, software, graphic files or other materials (“Data”) that are unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, hateful or otherwise objectionable or that may invade another’s privacy;
  • Upload Data that violates or infringes any patent, trademark, trade secret, copyright or any intellectual property right, of whatever nature, of anyone;
  • Attempt to gain unauthorized access to the website, computer systems or networks connected to the Web Site, through password mining or any other means;
  • Interfere with another User’s use and enjoyment of the website;
  • Upload Data that contains a virus, worm, corrupted file, or other harmful program;
  • Impersonate employees of the Owner volunteers or elected representatives or upload any materials under a fictitious name;
  • Upload Data that Users do not have a right to upload under law or under contractual or fiduciary relationships (including but not limited to nondisclosure agreements);
  • Upload any information or grant permissions to view information to any person in a manner that exceeds a User’s contractual or other legal authority;
  • Upload any unsolicited advertising, promotional materials, spam, pyramid schemes, contests, surveys, or other form of solicitation (commercial or non-commercial); or


4. Linking to the Web Site.


Users may provide a link on their site to the website subject to the following requirements:

  • Users may not frame or alter the appearance or visual presentation of the website.
  • Users may not state or imply that the Owner endorses, sponsors or otherwise approves of the User’s site or any other sites, unless it is true and accurate.
  • Links may be text-based using the words:  “Highland Presbyterian Church” or “HPC.”
  • The Owner has no responsibility or liability for any content appearing on a User’s web site. Users agree to defend, indemnify and hold harmless the Owner and its affiliates and their officers, directors, employees and agents, from and against any and all third-party claims, liability, actions, demands, costs or expenses (including, but not limited to, reasonable legal and accounting fees) arising from or relating to User’s web site. The Owner reserve the right to defend any such claim and Users agree to provide the Owner with such reasonable cooperation as it may request.
  • By linking, Users acknowledge and agree that, other than as specifically set forth in these Terms of Use, all rights to the Owner marks and logos belong to the Owner.
  • Users are prohibited from using the Owner’s marks or logos or any names, marks or other materials in a manner that is likely to cause confusion with, dilute or damage the reputation or image of the Owner.
  • The Owner reserves the right at any time and in its sole discretion to request that Users remove all links or any particular link to the Web Site from User’s site.


5. Links to Third-Party Sites. The website contains links to third-party websites. These links are provided solely for User’s convenience. They are not an endorsement by the Owner of the contents of such third-party websites. The Owner is not responsible for the content or practices of linked third-party sites. The Owner does not make any representations or warranties about the content or accuracy of materials on such third-party web sites or the practices of such sites. If Users decide to access linked third-party web sites, they do so at their own risk. Users should review the terms of use, privacy policy, and other policies of any linked site.


6. Submissions. Any comments, feedback, notes, messages, ideas, suggestions or other communications (collectively, “Comments”) submitted to the Owner is the exclusive property of the Owner. The Owner is entitled to use, reproduce, disclose, publish and distribute any Comments for any purpose whatsoever, without restriction and without compensating Users in any way. For this reason, the Owner asks that Users do not send any Comments they do not wish to assign to the Owner, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork.


7. Claims of Copyright Infringement. If Users believe that their work has been copied or infringed in a way that constitutes copyright infringement, Users should contact hpc@hpclouisville.org or: Head of Staff – Highland Presbyterian Church, 1011 Cherokee Road, Louisville, Kentucky  40204.


8. Indemnification. Users agree to defend, indemnify, and hold harmless the Owner and its officers, directors, Teaching Elders, Ruling Elders, employees and agents, from and against any and all third-party claims, liability, actions, demands, costs or expenses (of any nature) arising from or relating to User’s use of the Website or the Materials, material that Users post to the Web Site or otherwise provide to HPC or due to User’s breach or violation of these Terms of Use. The Owner reserves the right to defend any such claim, and Users agree to provide the Owner with such reasonable cooperation as it may request.


9. Limitation of Liability. The Owner is not liable for any damages (direct, incident, consequential or otherwise), arising from or in any way connected with these Terms of Use or the inability to use the Website or the Materials or anything else related to the Web Site no matter what is the nature of the claim (contract, tort or otherwise).


10. Privacy Policy. The Privacy Policy can also be found on this Website is subject to these Terms of Use and is incorporated by reference herein.


11. Miscellaneous.


A. The Website is based in the United States. Access to the Materials may not be legal by certain persons or in certain countries. If Users access the Website from outside the United States, they do so at their own risk and are responsible for compliance with the laws of their jurisdiction.

B. These Terms of Use will be governed by the laws of the Commonwealth of Kentucky. By signing on and using the Website, Users agree that any action arising out of or relating to these Terms of Use may be brought only in a court of competent jurisdiction in Jefferson County, Kentucky (state or federal), and Users hereby consent to the jurisdiction, venue and convenience of those courts.

C. If any provision of these Terms of Use is found to be invalid, void or unenforceable by any court having competent jurisdiction, the remainder of these Terms of Use shall remain in full force and effect.

D. Any waiver of any provision of these Terms of Use will be effective only if it is in writing signed by the appropriate and approved contract signer of the Owner.

E. Notices to the Owner, other than as provided herein, can be sent to: Head of Staff – Highland Presbyterian Church, 1011 Cherokee Road, Louisville, Kentucky 40204


12. Changes to these Terms of Use. The Owner may amend these Terms of Use at any time without prior notice by posting the amended Terms of Use on the website. If Users use the Website after such changes, it constitutes the User’s agreement to be bound by the amended Terms of Use.


These Terms of Use were last updated on October 1, 2014.

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