Terms and Conditions
Links. The Website may link to websites maintained by third parties. Company has no control over, or responsibility for the content or policies of these sites, and such sites are not investigated, monitored or checked for accuracy or completeness by Company. If you link to these third party sites, please direct any concerns to the owners or webmaster of that website.
Prohibited Activities. In addition to those activities prohibited by federal, state, or local law, you agree not to frame the Website, or any portion thereof and you agree not to “harvest” email addresses from any pages on the Website. Violation of this provision regarding spamming may result in fines from the Federal Trade Commission.
Children’s Online Privacy Protection Act (“COPPA”). Children under 13 are not permitted to provide any personally identifying information on the Website. You agree that you will not allow a child under the age of 13 to disclose any personal information.
Work Made for Hire. When one makes a contribution to the site, Contributor acknowledges and agrees that his or her contribution is a specially ordered or commissioned contribution to a collective work and is a work made for hire, as those terms are defined and used in the Copyright Act, 17 USCA �101. Contributor acknowledges that this means that Company owns all rights in the contribution and can use it in any manner Company desires without the consent or permission of Contributor and that Contributor retains no rights in the contribution.
Assignment. While Company and Contributor fully believe that the contribution is a work made for hire pursuant to the previous paragraph, in the event that a court should ever adjudge that the contribution is not a work made for hire, then effective as of the date of creation, and for the full duration of all such rights, Contributor hereby irrevocably assigns all of his or her rights, past, current, and future, in and to the copyright, to the Company, its successors and assigns in and to Contributor’s contribution. Contributor also hereby assigns to Company and/or waives any and all claims that Contributor may now or hereafter have in any jurisdiction to so‑called “moral rights” or rights of “droit morale” in connection with the Work.
Representation and Warranty. Contributor further represents and warrants that the contribution is true and an original work created entirely by Contributor.
Indemnification. Contributor agrees to indemnify, defend, and hold harmless Company, its directors, officers, employees, and agents, from and against any action brought against any of them, by any third party, with respect to any claim, demand, cause of action, debt, or liability, including reasonable attorneys’ fees, to the extent that such action is based upon a claim that if true, would constitute a breach by Contributor of any of Contributor’s representations and warranties contained in these Terms.
Further Assurances. Contributor shall at any and all times, upon request by the Company, or its legal representative, make, execute, and deliver any and all such other and further instruments as may be necessary or desirable for the purpose of ensuring that all rights in the contribution are transferred to Company, without charge therefore.
Digital Millennium Copyright Act Notices. By using the Website, you agree that you will not engage in any unlawful activity, including but not limited to posting or distributing material that is the subject of copyright unless the material is owned by you. Company will terminate service to any party that repeatedly violates this provision.
Designation of Agent for Receiving Claims of Copyright Infringement. If you believe that Company has infringed your copyright, please notify us pursuant to the following policy. Notification of claims for copyright infringement must be in writing and delivered to Basyle Tchividjian, Tchvidjian Brothers, Inc., 145 East Rich Avenue, DeLand, Florida 32724. Phone number (386.734.3451).
All notices must contain:
(1) A physical or electronic signature on behalf of the copyright owner or claimant;
(2) Specific identification of the work allegedly being infringed;
(3) Specific identification of the allegedly infringing work that the complainant would like removed, including the location of the material on thankyoubilly.com;
(4) Complainant’s contact information, including name, address, telephone number, and e-mail address;
(5) A statement that the complainant has a good faith belief that the use of the material is not authorized by the copyright owner or claimant; and
(6) A statement that the information in the notice is accurate, and under penalty of perjury, that the complainant is authorized to act on behalf of the owner or claimant of the copyright.
Trademarks. Thankyoubilly.com is a common law trademark of Company and cannot be used without Company’s permission.
Acknowledgment. Contributor acknowledges and agrees that (1) Contributor has read and understood these Terms; (2) the Terms are fair and reasonable, and not unduly restrictive; and (3) Contributor has had the opportunity to confer with legal and financial counsel of Contributor’s choosing regarding these Terms prior to executing same.
Disclaimer of Warranties; Limitation of Liability. THIS WEBSITE IS PROVIDED ON AN “AS IS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, COMPANY DISCLAIMS ALL WARRANTIES, BOTH EXPRESS AND IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF NON‑INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR USE OR PURPOSE. IN PARTICULAR, BUT WITHOUT LIMITING THE FOREGOING, ALL RESPONSIBILITY OR LIABILITY DAMAGES CAUSE BY VIRUSES OR OTHER HAMRFUL MATERIALS DISTRIBUTED THROUGH THE WEBSITE IS DISCLAIMED. YOU HEREBY ACKNOWLEDGE THAT USE OF THIS WEBSITE IS AT YOUR SOLE RISK.
UNDER NO CIRCUMSTANCES SHALL THE COMPANY OR ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, RELATED TO, OR ARISING FROM YOUR USE, OR CONTRIBUTION TO, THE WEBSITE, REGARDLESS OF WHETHER COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH ANY OF THE MATERIAL PRESENTED ON THE WEBSITE FOR ANY REASON OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE.
Survival. Despite termination or modification of these Terms, paragraphs 1, 5 through 9, and 13 through 16 shall survive.
Miscellaneous. These Terms comprise the entire understanding between the parties with respect to, and supersede any prior understanding or agreement, oral or written relating to the subject matter hereof. These Terms shall be construed and enforced in accordance with the laws of the State of Florida, without regard to its principles of conflicts of laws. Each party hereby irrevocably and unconditionally consents to submit to the exclusive jurisdiction of the courts of the State of Florida located in Volusia County or the appropriate federal court having subject matter jurisdiction of the dispute and encompassing Volusia County Florida, (the “Florida Courts”) for any litigation arising out of or relating to these Terms and the transactions contemplated hereby (and agrees not to commence any litigation relating thereto except in such courts), waives any objection to the laying of venue of any such litigation in the Florida Courts and agrees not to plead or claim in any Florida Court that such litigation brought therein has been brought in an inconvenient forum. In connection with any litigation or arbitration arising out of these Terms, the prevailing party shall be entitled to recover all costs incurred, including reasonable attorneys’ fees, whether incurred during settlement, at trial, in arbitration, on appeal, or in any bankruptcy proceeding.
Additionally, by acceptance of these terms and conditions I understand that I may receive emails in the future concerning my tribute, events involving this Billy Graham Tribute website, and/or related matters.