Privacy Policy

The Father David Kirk Archive maintains the interactive portions of its website, www.fatherdavidkirk.org (the Site), as a service free of charge. By using any interactive services provided herein, you are agreeing to comply with and be bound by the terms, conditions and notices relating to its use.

General Terms and Conditions

A. INTERACTIVE SERVICES

1. As a condition of your use of the Site and the interactive services contained therein, you represent and warrant to The Father David Kirk Archive that you will not use the Site for any purpose that is unlawful or prohibited by these terms, conditions and notices.

2. To seek permission to use the intellectual property of The Father David Kirk Archive, which is owned by the Father David Kirk Archive and which includes right of publicity to his name, likeness and image; his copyrighted words; and his recorded voice; please contact Kirk A. Barrell, archivist of the The Father David Kirk Archive. Please send all correspondence to the attention of the Father David Kirk Archive, or email any questions to: kbarrell@flash.net. NOTE: The Father David Kirk Archive does not provide legal advice in the area of intellectual property law. If your particular circumstance requires the solicitation of a legal opinion, we strongly suggest that you see the advice of an attorney.

3. You also agree to not utilize the intellectual property of The Father David Kirk Archive in advertising any goods or services for any commercial purpose without prior written consent.

4. Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of any persons, including but not limited to those legal rights of the The Father David Kirk Archive.

5. The information, products and services included on the Site may include inaccuracies or typographical errors. Changes are periodically added to the information herein. The Father David Kirk Archive may make improvements to the Site at any time. Advice received via the Site should not be relied upon for personal, legal or financial decisions and you should consult an appropriate professional for specific advice tailored to your situation.

6. THE FATHER DAVID KIRK ARCHIVE NOR IT’S ARCHIVIST MAKES NO REPRESENTATIONS about the suitability reliability, timeliness and accuracy of the information, products and services contained on the Site for any purpose. All such information, products, and services are provided "as is" without warranty of any kind.

7. THE FATHER DAVID KIRK ARCHIVE HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS with regard to the information, products and services contained on the Site, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement.

8. IN NO EVENT SHALL THE FATHER DAVID KIRK ARCHIVE NOR IT’S ARCHIVIST BE LIABLE for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including without limitation, damages for loss of use, data or profits, arising out of or in any way connected:

a. With the use or performance of the Site

b. With the delay or inability to use the Site

c. With the provision of or failure to provide services, or

d. For any information, software, products, services and related graphics obtained through this web site, or otherwise arising out of the use of this web site, whether based on contract, tort, strict liability or otherwise, even if The Father David Kirk Archive or it’s Archivist has been advised of the possibility of damages.

9. DUE TO THE FACT THAT CERTAIN JURISDICTIONS DO NOT PERMIT OR RECOGNIZE AN EXCLUSION OF LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. If you are dissatisfied with any portion of the Site, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the Site.

10. The Father David Kirk Archive reserves the right in its sole discretion to deny any user access to the Site, any interactive service herein, or any portion of the Site without notice, and the right to change terms, conditions, and notices under which the Site is offered.

11. This agreement is governed by the laws of the State of Texas, U.S.A. You hereby consent to the exclusive jurisdiction and venue of courts in Montgomery County, Texas, U.S.A. in all disputes arising out of or relating to the use of the Site. Use of the Site 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 The Father David Kirk Archive as a result of this agreement or use of the Site. The performance of this agreement by The Father David Kirk Archive is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of its rights to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

12. This agreement constitutes the entire agreement between the user and The Father David Kirk Archive with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written with respect to the Site. 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.

13. The Father David Kirk Archive is located at 5 Grogans Park Drive, Suite 107, The Woodlands, Texas USA; telephone: 281-465-4216, fax: 832-553-7524.

14. All contents of the Site are: Copyright © The Father David Kirk Archive 2007. Father David Kirk’s intellectual property, which includes right of publicity to his name, likeness and image; his copyrighted words; and his recorded voice.

a. To seek permission to use the intellectual property of Father David Kirk, which is owned by the Father David Kirk Archive and which includes right of publicity to his name, likeness and image; his copyrighted words; and his recorded voice; please contact Kirk A. Barrell, Archivist of the Father David Kirk Archive. Please send all correspondence to 5 Grogans Park Drive, Suite 107, The Woodlands, Texas USA; telephone: 281-465-4216, fax: 832-553-7524., or email any questions to: kbarrell@flash.net.

b. The Father David Kirk Archive encourages you, both as a guest to the site to print and download portions of material from the different areas of the Site, either gratis or, when applicable, for a charge (any charges being as specified in the Site as said charges pertain to the downloading of e-matter documents sold by The Father David Kirk Archive to the general public via the Site) solely for your own private, at-home use provided that you agree not to change or delete any copyright or proprietary notices from the materials. You may also transmit copies of such portions of materials by email, for your own private, non-commercial use only, provided that you agree not to change or delete any copyright or proprietary notices from the materials. The Father David Kirk Archive does not allow the reposting of any of its content on other sites on the World Wide Web, except in the case of a specific licensing agreement for that purpose. You may not modify, copy, change, alter, reproduce, republish, upload, post, in any manner, the material on this site. You may not use or distribute the materials on this site except as stated above.

c. Any links to the Site by any third parties must be approved by The Father David Kirk Archive. In order to seek said approval, please email your request to kbarrell@flash.net.

B. PRIVACY POLICY

Your privacy on the Internet is of the utmost importance to The Father David Kirk Archive, and while you visit the Site we want to make your experience online satisfying and safe.

Because we gather certain types of information about our users, we feel you should fully understand the terms and conditions surrounding the capture and use of that information. This privacy statement discloses what information we gather and how we use it.

Children

Consistent with the Federal Children's Online Privacy Protection Act of 1998 (COPPA) we will never knowingly request personally identifiable information from anyone under the age of 13 without requesting parental consent.

Usage tracking

The Father David Kirk Archive tracks user traffic patterns throughout all of our sites. However, we do not correlate this information with data about individual users. The Father David Kirk Archive does break down overall usage statistics according to user's domain name, browser type and MIME type by reading this information from the browser string (information contained in every user's browser).

We may place a text file called a "cookie" in the browser files of your computer. The cookie itself does not contain Personal Information although it will enable us to relate to your use of this site to information that you have specifically and knowingly provided. But the only personal information a cookie can contain is information you supply yourself. A cookie can't read data off your hard disk or read cookie files created by other sites. The Father David Kirk Archive uses cookies to track user traffic patterns (as described above). Our advertising system delivers a one-time cookie to better track ad impressions and click rates.

You can refuse cookies by turning them off in your browser. If you've set your browser to warn you before accepting cookies, you will receive the warning message with each cookie. You do not need to have cookies turned on to use this site.

Use of Information

The Father David Kirk Archive uses any information voluntarily given by our Site guests to enhance their experience of our Site, whether to provide interactive or personalized elements on the Site or to better prepare future content based on the interests of our Site guests.

When we use tracking information it is to determine which areas of our Site users like and don't like based on traffic to those areas. We do not track what individual users read, but rather how well each page performs overall. This helps us continue to build a better service for you. We track search terms entered in Search function as one of may measures of what interests our users. But we don't track which terms a particular user enters.

Sharing of the Information

The Father David Kirk Archive uses the above-described information to tailor our content to suit your needs and help our advertisers better understand our audience's demographics. We will not share information about individual users with any third party, excerpt to comply with applicable law or valid legal process or to protect the personal safety of our users or the public.

Security

The Father David Kirk Archive operates secure data networks protected by industry standard firewall and password protection systems. Our security and privacy policies are periodically reviewed and enhanced as necessary and only authorized individuals have access to the information provided by our users.

Opt-Out Policy

By using this site, you consent to the collection and use of this information by The Father David Kirk Archive. If we decide to change our privacy policy, we will post those changes on this page so that you are always aware of what information we collect, how we use it, and under what circumstances we disclose it.