Spirit Services > Terms of Use

Welcome to spiritservices.org (the ‘Website’). By accessing the Website or any part thereof, you agree to the following terms of use, which may be modified or amended by Spirit Services, Inc. (‘Spirit Services’) from time to time in its sole discretion. These terms of use, together with Spirit Services other policies, such as its privacy policy, posted on the Website and incorporated herein by reference constitute a legal agreement between you and Spirit Services. Please read these terms of use and all related policies carefully. If you do not agree to these terms of use (including Spirit Services’ other posted policies), do not use or access any part of the Website.

License and Site Access

You must be 18 years or older to use the Website. Subject to these terms of use, Spirit Services grants you a limited license to access and make personal use of the Website and not to download (other than page caching) or modify it, or any portion of it, except as intended for use with the Website or with express written consent of Spirit Services. This license does not permit any resale or commercial use of the Website or any of its Content or User Submissions, any derivative use of the Website or any of its Content or User Submissions, or any use of data mining, robots, or similar data gathering and extraction tools. The Website or any portion thereof may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of Spirit Services. You may not frame, utilize framing techniques or deep-linking to enclose or associate any trademark, logo, or other proprietary information (including images, text, page layout, or form) without Spirit Services’ express written consent. You may not use any meta tags or any other ‘hidden text’ utilizing Spirit Services’ name or trademarks without the express written consent of Spirit Services. You may not use the this Website or any services or features on it for any illegal or unauthorized purpose. International users agree to comply with all local laws regarding online conduct and acceptable content. Any unauthorized use terminates the permission or license granted by Spirit Services.

Your Account

In order to access or use some features of the Website, you must apply for and be granted a user account, which may be denied in Spirit Services’ sole discretion. You must provide accurate and complete information when creating your user account. If you register to use the Website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not allow others to access the Website using your account and password. You must notify Spirit Services immediately of any breach of security or unauthorized use of your account. Although Spirit Services will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Spirit Services or others due to such unauthorized access or use. By registering to use the Website, you consent to receive communications from Spirit Services electronically and Spirit Services may communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that Spirit Services provides to you electronically shall satisfy any legal requirement that such communications be in writing. Spirit Services reserves the right to refuse service, terminate accounts, or remove or edit Content and User Submissions in its sole discretion.

User Submissions

You may submit documents, materials, stories, information, feedback, data, questions, comments, suggestions, ideas, reviews, photographs, video and other user-submitted content (collectively, ‘User Submissions’) in appropriate, designated areas of the Website so long as such content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of ‘spam.’ You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any User Submissions you submit. Spirit Services reserves the right (but not the obligation) to remove or edit such User Submissions, but does not regularly review posted content.

You shall be solely responsible for the User Submissions you submit and the consequences of posting or publishing such User Submissions. By submitting User Submissions, you represent and warrant that: (i) you own or have the necessary licenses, rights, consents and permissions to use and authorize Spirit Services to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these terms of use; (ii) that use of the User Submissions you supply does not violate these terms of use and will not cause injury to any person or entity; and (iii) you have the written consent, release, and/or permission of each and every identifiable individual person in any User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these terms of use.

By submitting a User Submission, you hereby grant Spirit Services a worldwide, non-exclusive, royalty-free, irrevocable, sublicensable and transferable license to use, reproduce, distribute, prepare derivative works of, display and perform the User Submissions in connection with the Website and Spirit Services’ (and its successor’s) business, including without limitation or promoting and redistributing part or all of the Website (and derivative works thereof) in any media formats and through any media channels. You further grant Spirit Services and its sublicensees the right to use the name that you submit in connection with such User Submissions.

In connection with User Submissions, 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 Spirit Services all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage Spirit Services 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; (vi) submit material in which specific learning objectives are not evident and/or material that does not provide professional development for educators. Spirit Services does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Spirit Services expressly disclaims any and all liability in connection with User Submissions. Spirit Services reserves the right to decide whether a User Submission is appropriate and complies with these terms of use other than copyright infringement and violations of intellectual property law. Spirit Services may remove such User Submissions or terminate a User's access for uploading such material in violation of these terms of use at any time, without prior notice and at its sole discretion.

You understand and acknowledge that, when using the Website, you may be exposed to User Submissions from a variety of sources and that Spirit Services is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive any do hereby waive, any legal or equitable rights or remedies you have or may in the future have against Spirit Services with respect thereto, and agree to indemnify and hold harmless Spirit Services, its owners and operators, directors, officers, employees, agents, affiliates, sponsors, donors, and licensees harmless to the fullest extent allowed by law regarding all matters related to your use of the Website.

Website Ownership

With the exception of User Submissions, all elements that comprise the Website, including all text, audio, video, graphics, HTML, multimedia, scripts, applets and all other content (collectively, ‘Content’), are owned and copyrighted or trademarked by Spirit Services or licensed to Spirit Services, with the exception of elements provided by partners, content providers, advertisers, and user contributors, as noted, that may also be protected by copyright or trademark or other rights. The Content is protected by United States and international copyright and trademark laws. Spirit Services’ trademarks and trade dress may not be used without Spirit Services’ express written consent and in any event may not be used in a manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Spirit Services.

Copyright Complaints

Spirit Services respects copyright law and expects its users to do the same. Unauthorized copying, use or distribution of content is an infringement of the copyright holder’s rights. Spirit Services may elect to prosecute anyone who infringes upon its copyrights or other intellectual property rights. Spirit Services will review all claims of copyright infringement received and remove content deemed to have been posted or distributed in violation of any such laws. To make a claim, you will need to send a written communication that includes substantially the following information:

A physical or electronic signature of the copyright owner or the person authorized to act on its behalf;
A description of the copyrighted work claimed to have been infringed;
A description of the infringing material and information reasonably sufficient to permit Spirit Services to locate the material;
Your contact information, including your address, telephone number, and email;
A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and, under the pains and penalties of perjury, that you are the copyright owner or are authorized to act on behalf of the copyright owner.

Spirit Services’ Copyright Agent for notice of claims of copyright infringement can be reached as follows:

Jean Takacs
Spirit Services, Inc.
5700 Lombardo Center Drive
Rock Run, NORTH – Suite 215
Seven Hills, OH 44131
jeantakacs@spiritservices.org

Third-Party Sites

This Website may contain hyperlinks to other web sites operated by parties other than Spirit Services which are beyond Spirit Services’ control. Third parties other than Spirit Services may provide services or sell product lines on this Website that take you outside of our Website. Spirit Services does not control, is not responsible for examining or evaluating, and does not warrant the offerings of, any of these businesses or individuals or the content of their websites. Spirit Services does not assume any liability for the actions, product, or content of any of these or any other third parties. Spirit Services makes no representations and cannot be held responsible for the accuracy, relevancy, copyright compliance, legality, or decency of material on such third-party websites. When you click on a link that leaves the Website, the website you will land on is not controlled by Spirit Services and different terms of use and privacy statements may apply. Spirit Services also does not assume, and expressly disclaims, all liability for any viruses, worms, Trojan horses, defects, or other malfunctions caused by, resulting from, existing within, or in connection with such third-party websites and any links thereto.

Disclaimer of Warranties and Limitation of Liability

THIS WEBSITE IS PROVIDED ON AN ‘AS IS’ AND ‘AS AVAILABLE’ BASIS ONLY. SPIRIT SERVICES MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE, OR ANY CONTENT OR USER SUBMISSIONS INCLUDED ON THIS WEBSITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. SPIRIT SERVICES RESERVES THE RIGHT TO WITHDRAW OR DELETE ANY CONTENT OR USER SUBMISSIONS FROM THIS WEBSITE AT ANY TIME IN ITS DISCRETION.

TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, SPIRIT SERVICES DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. SPIRIT SERVICES DOES NOT WARRANT THAT THIS WEBSITE, ITS SERVERS, OR E-MAIL SENT FROM SPIRIT SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SPIRIT SERVICES WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND, WHETHER IN NEGLIGENCE OR STRICT LIABILITY OR OTHERWISE, ARISING FROM THE USE OF THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE THAT SPIRIT SERVICES SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RIS OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

Indemnification

You agree to defend, indemnify, and hold harmless Spirit Services, its owners and operators, directors, officers, employees, agents, affiliates, sponsors, donors, and licensees from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees) arising from or relating to: (i) your use of and access to the Website; (ii) your violation of any of these terms of use; (iii) your violation of any third party right, including without limitation and copyright, trademark, patent, trade secret or other proprietary or privacy right; or (iv) any claim that one or more of your User Submissions caused damage to any third party. This defense and indemnification obligation shall survive these terms of use and your use of the Website.

Applicable Law and Disputes

By visiting this website, you agree that the laws of the state of Ohio, without regard to principles of conflict of laws, will govern these terms of use and any dispute of any sort that might arise between you and Spirit Services. By using this website, you agree that Spirit Services, at its sole discretion, may require you to submit any disputes relating to arising from your use of this Website, or these terms of use, including disputes arising from or concerning their interpretation, violation, nullity, invalidity, non-performance or termination, as well as disputes about filling gaps in this contract or its adaptation to newly arisen circumstances, to final and binding arbitration under the International Rules of Arbitration of the American Arbitration Association, by one or more arbitrators appointed in accordance with the said Rules. Otherwise, any dispute relating to or arising out of these terms of use shall be adjudicated in any state or federal court in Cuyahoga County, Ohio, and you consent to exclusive jurisdiction and venue in such courts, and you submit to personal jurisdiction of such courts.

Site Policies, Modifications and Severability

Please review our other policies, such as our privacy policy, posted on this site. Such policies are a part of and are incorporated as a part of these terms of use and also govern your use of the Website. Spirit Services reserves the right to make changes to the Website, its policies and these terms of use at any time in its sole discretion. If any of these terms of use shall be deemed invalid, void, or for any reason unenforceable, that term or condition shall be deemed severable and shall not affect the validity and enforceability of any remaining term and condition.