Web Site Terms, Conditions, and Notices

AGREEMENT BETWEEN CUSTOMER AND ETRUTH.COM
Access to and use of this Web site and the products and services available through this Web site (collectively, the "Services") are subject to the following terms, conditions and notices. By using the Services, you agree to all of these terms, conditions and notices, without modification.

PERSONAL AND NONCOMMERCIAL USE LIMITATION
This Web site is for your personal and noncommercial use. You may not modify, reformat, copy, display, distribute, transmit, publish, license, create derivative works from, transfer or sell any information, products or services obtained from the Services, except as permitted by these Terms of Use or under applicable laws. This restriction means, among other things, that you may not mirror on your own Web site any of the pages of this Web site, aggregate content from this Web site, republish content from this Web site nor post links to content from this Web site, without specific permission.

COPYRIGHT AND TRADEMARK NOTICES
All contents of this Web site are: Copyright © 1998-2007 Truth Publishing Inc., 421 S. Second Street, Elkhart, IN 46516-3238, U.S.A. All rights reserved.

DISCLAIMER OF WARRANTIES
THE SERVICES AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THIRD PARTY INFORMATION, PRODUCTS AND CONTENT) PUBLISHED ON OR ACCESSIBLE FROM THIS WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS, ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND AND ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE TO YOU.

ETRUTH.COM MAKES NO REPRESENTATIONS REGARDING THE SUITABILITY OF THE SERVICES AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THIRD PARTY INFORMATION, PRODUCTS AND CONTENT) PUBLISHED ON OR ACCESSIBLE FROM THIS WEB SITE FOR ANY PURPOSE. TO THE FULLEST EXTENT PERMITTED BY LAW, ETRUTH.COM DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES (EXPRESS, IMPLIED AND STATUTORY) INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF COPYRIGHT AND PROPRIETARY RIGHTS AS TO THE SERVICES AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THIRD PARTY INFORMATION, PRODUCTS AND CONTENT) INCLUDED IN OR ACCESSIBLE FROM THIS WEB SITE.

LIABILITY DISCLAIMER
IN NO EVENT SHALL ETRUTH.COM BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOSS OF USE, PROFITS, DATA OR OTHER INTANGIBLES, OR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, ARISING OUT OF OR RELATED TO THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE OR FAILURE TO PERFORM OF THIS WEB SITE, OR THE SERVICES, EVEN IF ETRUTH.COM HAS BEEN ADVISED PREVIOUSLY OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW OR OTHERWISE.

YOU SPECIFICALLY ACKNOWLEDGE THAT ETRUTH.COM SHALL NOT BE LIABLE FOR USER SUBMISSIONS 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.

INDEMNITY
You agree to defend, indemnify and hold harmless etruth.com, its parent corporation, officers, directors, employees and agents, 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 etruth.com (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 Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the etruth.com.

5. Your Use of Content on the Site
In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of content on etruth.com.

A. The content on eTruth.com, except all User Submissions (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 etruth.com, subject to copyright and other intellectual property rights under the law. Content on the Website is provided to you AS IS for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes without the prior written consent of the respective owners. eTruth.com reserves all rights not expressly granted in and to the web site and the Content.

B. You may access User Submissions solely:

for your information and personal use; as intended through the normal functionality of the etruth.com Service; and for streaming:
"Streaming" means a contemporaneous digital transmission of an audiovisual work via the Internet from eTruth.com to a user's device in such a manner that the data is intended for real-time viewing and not intended to be copied, stored, permanently downloaded, or redistributed by the user. Accessing User audiovisual submissions for any purpose or in any manner other than Streaming is expressly prohibited. User audiovisual submissions are made available "as is."

for Viewing:
"Viewing" means a contemporaneous digital transmission of an audiovisual work via the Internet from etruth.com to a user's device in such a manner that the data is intended for real-time viewing and not intended to be copied, stored, permanently downloaded, or redistributed by the user. Accessing User Photographs or Images for any purpose or in any manner other than Viewing is expressly prohibited. User Photographs and Images are made available "as is."

C. User Comments are made available to you for your information and personal use solely as intended through the normal functionality of eTruth.com. User Comments are made available "as is", and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, downloaded, or otherwise exploited in any manner not intended by the normal functionality etruth.com or otherwise as prohibited under this Agreement. eTruth.com is not responsible for nor does it endorse opinions and statements made in user comments.

D. You may access eTruth.com Content, User Submissions and other content only as permitted under this Agreement. eTruth.com reserves all rights not expressly granted in and to the etruth.com Content and the etruth.com Service.

E. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes.

F. You agree not to circumvent, disable or otherwise interfere with security-related features of eTruth.com or features that prevent or restrict use or copying of any Content or enforce limitations on use of eTruth.com or the Content therein.

G. You understand that when using eTruth.com, you will be exposed to User Submissions from a variety of sources, and that eTruth.com 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, and hereby do waive, any legal or equitable rights or remedies you have or may have against eTruth.com with respect thereto, and agree to indemnify and hold eTruth.com, its defend, indemnify and hold harmless etruth.com, its parent corporation, officers, directors, employees and agents, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.

6. Your User Submissions and Conduct
A. As an eTruth.com account holder you may submit video content ("User Videos") photographs and images, audio files and textual content ("User Comments" Profiles and Communities), all collectively referred to as User Submissions. You understand that whether or not such User Submissions are published, eTruth.com does not guarantee any confidentiality with respect to any User Submissions.

B. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize eTruth.com 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 Service.

C. You retain all of your ownership rights to your User Submissions. However, by submitting User Submissions to eTruth.com, you hereby grant eTruth.com a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with eTruth.com and eTruth.com's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the eTruth.com Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the eTruth.com Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Service. The above licenses granted by you in User Comments are perpetual and irrevocable.

D. You further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant eTruth.com all of the license rights granted herein.

E. You agree that your conduct on the site will follow eTruth.com user guidelines which may be updated from time to time.

F. eTruth.com does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and eTruth.com expressly disclaims any and all liability in connection with User Submissions. eTruth.com does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and eTruth.com will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. eTruth.com reserves the right to remove Content and User Submissions without prior notice.

7. Account Termination Policy

A. eTruth.com will terminate a User's access to its Website if, under appropriate circumstances, they are determined to be a repeat infringer.

B. eTruth.com reserves the right to decide whether Content or a User Submission is 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. eTruth.com may remove such User Submissions 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.

8. Digital Millenium Copyright Act
A. If you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Legal Department with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
Information reasonably sufficient to permit eTruth.com to contact you, such as an address, telephone number, and, if available, an electronic mail;
A statement 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 penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
B. Counter-Notice. If you believe that your User Submission that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content in your User Submission, you may send a counter-notice containing the following information to the Legal Department:

Your physical or electronic signature;
Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared; A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the U.S. District Court in South bend, Indiana, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

NO LICENSE GRANTED
Nothing on this Web site or your use of the Services, shall be construed as conferring any license or other rights under the intellectual property or other proprietary rights of eTruth.com or any third party, whether by estoppel, implication or otherwise.

NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of this Web site, you warrant to eTruth.com that you will not use this Web site or the Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices.

LINKS TO THIRD-PARTY SITES
This Web site may contain hyperlinks to Web sites operated by parties other than eTruth.com. Such hyperlinks are provided for your reference only. eTruth.com does not control such Web sites and is not responsible for their contents. eTruth.com's inclusion of hyperlinks to such Web sites does not imply any endorsement of the material on such Web sites or any association with their operators.

RETURN POLICY
All sales are final.

MODIFICATION OF THESE TERMS AND CONDITIONS
eTruth.com reserves the right to change without notice the terms, conditions, and notices under which this Web site is offered.

FEEDBACK INFORMATION, FORUMS, COMMENTS AND OTHER USER-SUBMITTED CONTENT
Any information or content provided to eTruth.com in connection with this Web site or the Services shall be provided by you and received by eTruth.com on a non-confidential basis and shall become the sole and exclusive property of eTruth.com. eTruth.com shall be free to use such information or content on an unrestricted basis.

GENERAL
The laws of the State of Indiana, U.S.A, govern this agreement without regard to any choice of law provisions. You hereby consent to the exclusive jurisdiction and venue of courts in Elkhart County, Indiana, U.S.A., in all disputes arising out of or relating to the use of this Web site or the Services. Use of this Web site and the Services is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and eTruth.com as a result of this agreement or use of this Web site or the Services.

eTruth.com's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of eTruth.com's right to comply with law enforcement requests or requirements relating to your use of this Web site or information provided to or gathered by eTruth.com with respect to such use.

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 eTruth.com's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. eTruth.com 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 eTruth.com following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND ETRUTH.COM AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

This agreement constitutes the entire agreement between the user and eTruth.com with respect to this web site and the Services and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the customer and eTruth.com with respect to this Web site and the Services. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Any rights not expressly granted herein are reserved.

QUESTIONS
You can direct any questions concerning these Terms of Use to:

Attention:
Legal Department
Truth Publishing Inc.
421 S. Second Street
Elkhart, IN
46516-3238
U.S.A.