CEP Connect Website: TERMS OF USE

PLEASE READ CAREFULLY BEFORE USING THIS WEBSITE. BY ACCESSING AND USING THIS WEBSITE, YOU AGREE TO BE LEGALLY BOUND BY THE TERMS AND CONDITIONS SET FORTH HEREIN. IF YOU DO NOT AGREE, DO NOT USE THIS WEBSITE. 

I. Grant of Rights.

Pursuant to an agreement between Christian Education Publications (“CEP”), a division of Anglican Youthworks, or its authorised distributor, and the user entity ("User"), for a subscription to My Connect. CEP Connect Website  grants the User, (and their educators, administrators and students), a limited, non-exclusive, terminable, and non-transferable access to the My Connect  Resource section on the website www.cepconnect.com.au (the “Website”) and any and all content included therein (the "Content"); including downloads pursuant to the terms and conditions set forth in these Terms of Use.

CEP may, in its sole discretion, make changes to the Website and/or the Content: including but not limited to adding and/or removing video titles or other Content;, adding closed-captioning, and implementing new encoding rates.

II. Permitted and Prohibited Uses.

a. Use for Educational, Non-Commercial Purposes Only Users may use the Website and the Content for bona fide religious educational purposes only, and may not use them in any commercial or for-profit manner.

CEP reserves the right, in its sole and absolute discretion, to limit any Users' use of the Website in the event that CEP, in its sole and absolute discretion, deems such Users' use thereof to be inconsistent with educational purposes, and/or inconsistent with these Terms of Use.

b. Downloading of Content. Users may download, for non-commercial instructional use, including for lesson plans, copies of (i) images and (ii) crafts and activities designated on the website as downloadable. Such downloading shall be for individual User convenience only, and Users may not (1) systematically download any of the Content, (2) create distribution "libraries", or (3) transfer, sell, rent, display, or exhibit any of the Content to any third party.

c. Editing Content. Users may edit content designated on the Website as editable, solely in connection with classroom or other school-related projects. Such content, as edited by User, may not contain any libellous or unlawful materials or content or any commercial advertising materials, will not infringe upon any party's proprietary rights, including but not limited to statutory or common-law copyright, trademark and right of privacy, and may not violate any law, regulation or right of any kind whatsoever or give rise to any actionable claim or liability.

Users must maintain all copyright, trademark and proprietary notices included with, attached to or embedded all editable content without modification, obstruction or deletion.

The Content may include certain ancillary educational materials, such as student activity sheets, black line masters and teachers' guides ("Ancillary Materials"). User may modify, alter and revise the Ancillary Materials to meet specific instructional needs, provided that the following statement is prominently displayed on all such revised Ancillary Materials, in addition to any other proprietary notices, and with the understanding that CEP or its content provider shall continue to own the Ancillary Materials: "Revised with the permission of CEP. CEP and its content providers are not responsible for the content or accuracy of the revision".

d. Dissemination of Content. In the course of using any Content as permitted hereunder, Users may not make the Content, or any part thereof, available to any party who is not a User, except as permitted herein. Users must ensure that the Content is accessed only via the CEP Connect website and where removed is at all times kept on a secure server, viewable only by Users. If a User wishes to use a third party to host the Content, CEP must approve the use of such host in advance and in writing, and CEP shall have the right to approve the terms of agreement between such host and User.

e. Prohibited UsesExcept as expressly set forth herein, the Users may not  (i) copy, reproduce, alter, modify, transmit, perform, create derivative works of, publish, sub-license, distribute, or circulate the Website, the Content, or any portion thereof; (ii) disassemble, decompile, or reverse engineer the Website or any portion thereof, or use a robot, spider, or any similar device to copy or catalogue the Content or any portion thereof; (iii) take any actions, whether intentional or unintentional, that may circumvent, disable, damage or impair the Website's or the Content's control or security systems, nor allow or assist a third party to do so; or (iv) use the Content in a manner that disparages the Website, the Content or CEP or its content providers, or in any manner that CEP may, in its sole discretion, deem inappropriate.

Users acknowledge and agree that the Website and the Content possess a special, unique and extraordinary character that makes difficult the assessment of the monetary damages that would be sustained as a result of unauthorised use, and that unauthorised use may cause immediate and irreparable damage to CEP for which CEP would not have an adequate remedy at law. Therefore, Users agree that, in the event of such unauthorised use, in addition to such other legal and equitable rights and remedies as may be available to CEP, CEP shall be entitled to injunctive and other equitable relief without the necessity of proving damages or furnishing a bond or other security.

III. Ownership. 
As between the Users, and CEP, the Website and the Content are the property of CEP, and are protected by Australian and international copyright and trademark law. By using the Website and the Content, even as permitted hereunder, Users cannot gain any ownership interest in the Website or the Content.

IV. Security and Use of Passwords. 
Each User shall have a valid username, password, and passcode for the purpose of accessing the Website and the Content (the "Log-In Information"). Users must keep all Log-In Information strictly confidential, and all Log-In Information may be used only by the assigned User. Users are responsible for maintaining the security and confidentiality of all Log-In Information, and for preventing access to the Website and/or the Content by unauthorised persons using a User's Log-In Information. Unauthorised access to or use of the Website and/or the Content by someone using a User's Log-In information may be attributed to such User.

V. Citations. 
User must include citation information, including CEP or the applicable content provider (if identified) as the source, for all portions of the Content used in any end product.

VI. User Contributions. 
Users may have the opportunity, at CEP’s discretion, to contribute User-created content, materials, and/or information via the ‘Have Your Say” section of the Website. Users, who choose to contribute such content, materials, and/or information, or any other content, materials, and/or information, agree that CEP shall have the right to use any such content, materials, and/or information in any manner, format, or media now known or hereafter devised, worldwide, in perpetuity, an unlimited number of times, without compensation or attribution. All content, materials, and/or information contributed by Users may not contain any libellous or unlawful materials or content, will not infringe upon any party's proprietary rights, including but not limited to statutory or common-law copyright, trademark and right of privacy, and may not violate any law, regulation or right of any kind whatsoever or give rise to any actionable claim or liability.

VII. Communications from CEP.
CEP may periodically contact Users for customer service purposes. By accessing the Website and the Content, Users consent to receive such communications. Users shall promptly provide CEP with any and all information regarding its Users and/or use of the Website and the Content by its Users that CEP reasonably requests. Users agree that CEP may reference its business relationship with User in its marketing or sales materials.

VIII. Changes to Terms of Use. 
CEP reserves the right to change these Terms of Use from time to time. Such changes will become effective when CEP posts the revised Terms of Use on the Website. Users should check the Terms of Use from time to time, as they are bound by the Terms of Use posted on the Website at the time of access. Any revised Terms of Use shall supersede all previous versions.

IX. Termination of membership
In the event that User breaches any term of the these Terms of Use, and such breach is not cured within 10 days after receipt of notice thereof from CEP, CEP may terminate the Subscriber Agreement in whole or in part immediately upon written notice to Subscriber. Notwithstanding the foregoing, there shall be no cure period for any Event of Default that is not curable.

All rights granted herein shall revert to CEP; all access to and use of the Website and the Content by Users must cease; all materials downloaded from the Website must be erased, deleted, or destroyed.

X. No Warranties, Limitation of Liability.
THE WEBSITE AND THE CONTENT ARE PROVIDED AS IS, AND ALL WARRANTIES OF ANY KIND, PAST OR PRESENT, WHETHER STATUTORY, COMMON-LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY AND, EXCEPT AS MAY BE OTHERWISE STATED IN THIS AGREEMENT, NON-INFRINGEMENT, ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. CEP DOES NOT GUARANTEE OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR ACCURACY OF THE WEBSITE OR THE CONTENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY CEP OR ITS EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF CEP’s OBLIGATIONS HEREUNDER, AND SUBSCRIBER MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE. IN NO EVENT SHALL CEP BE LIABLE FOR ANY LOST DATA, LOST PROFITS, BUSINESS INTERRUPTION, REPLACEMENT SERVICE OR OTHER SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR INDIRECT DAMAGES, HOWEVER CAUSED AND REGARDLESS OF THEORY OF LIABILITY.

XI. Release.
Users release and waive all claims against CEP, its parent, subsidiaries, affiliated companies, agents or content providers, and the directors, trustees, officers, shareholders, employees, agents and representatives of each of the foregoing, from any and all claims, damages, liabilities, costs and expenses arising out of User's use of the Website and the Content.

XII. Representations/Indemnity.
Users represents and warrants that (i) it has full power and authority to agree to all the terms and conditions contained therein and in these Terms of Use, and has received all parental and other permissions required to permit CEP to obtain and retain information (including personal information) from Users; (ii) only Users shall access the Website and the Content; (iii) Users will at all times use the Website and the Content only as expressly permitted by these Terms of Use and (iv) the Users IP, any content, materials, and/or information contributed by Users, and any revisions to the Content by Users does not and will not contain any libellous, unlawful or infringing materials or content, will not infringe upon any party's proprietary rights, including without limitation statutory or common-law copyright, trademark and right of privacy, and will not violate any law, regulation or right of any kind whatsoever or give rise to any actionable claim or liability.

Users shall defend, indemnify and hold CEP, its parent, subsidiaries, affiliated companies, agents or content providers, and the directors, officers, shareholders, employees, agents and representatives of each of the foregoing, harmless against and from any and all claims, damages, liabilities, costs and expenses arising out of any violation by its Users of these Terms of Use, any downloading of the Content, any modification or edit made to any portion of the Content, and the use of any portion of the Content with products or services not supplied by CEP.

All representations, warranties, and indemnities shall survive the expiration or prior termination of the Subscriber Agreement.

XIII. Reporting Infringement.
By accessing and/or using the Website and the Content, Users agree to report to CEP all claims or suspected claims of copyright or other infringement of CEP's intellectual property or other proprietary rights. Claims of infringement should be directed to the Director of Media, Christian Education Publications, Level 1, 464 Kent Street, Sydney NSW AUSTRALIA 2000

XIV. Miscellaneous.
Failure to perform by reason of any law, natural disaster, labour controversy, encumbered intellectual property right, war or any similar event beyond a party's reasonable control shall not be a breach hereof. This Agreement shall be construed and enforced under the laws of the NSW, Australia without reference to the choice of law principles thereof. Users hereby consent to and submit to the jurisdiction of the federal and state courts located in Australia. Users waive any defences based upon lack of personal jurisdiction or venue, or inconvenient forum. If any provision herein is unenforceable, then such provision shall be of no effect on any other provision hereof. No waiver of any breach hereof shall be deemed a waiver of any other breach hereof. Section headings are provided for convenience only, and shall not be used to construe the meaning of any section hereof.