LifeWay Downloadable/Streamable Products Terms of Service
Please carefully review this Agreement. By clicking the "Agree", button, you accept and agree to be bound by the terms of these Terms of Service (the "TOS" or this "Agreement"). This TOS contain usage rules and/or other terms governing your purchase and use of the Ministry Grid®(the "Service") . These usage rules and terms may vary by Product type as indicated herein. "Product" may refer to an audio file, audio/video file, text download or a combination of such files. If you do not agree to this Agreement you may click on the "Disagree" button and leave the Service. This Agreement may be modified at any time and access of the Ministry Grid®, streaming or download of a Product by you after we have implemented any such modification indicates your acceptance of the applicable modified terms. We encourage you to review this Agreement from time to time. Your continued use of our Products following the posting of changes to this Agreement will mean you accept those changes.
1. LEGAL COMPLIANCE By use of the Service, you acknowledge and agree that you shall not:
a. Intentionally or unintentionally violate any applicable local, state, national or international law.
b. You acknowledge, consent and agree that LifeWay may access, preserve, and disclose your account information if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any download or distribution violates the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of LifeWay, its users and the public.
c. Interfere with or disrupt the Service or servers or networks connected to Ministry Grid®, or disobey any requirements, procedures, policies or regulations of networks connected to the Products (as more particularly set forth below). The following general agreement is a legal agreement among you and the LifeWay:
d. By downloading Products, in addition to the specific agreement that you may have with the LifeWay, you agree that:
i. The downloadable product is for non-commercial use.
ii. You shall comply with and shall not circumvent the usage rules or any technology designed to enforce the usage rules.
iii. You will not tamper with or modify the Product.
a. You understand that the technical processing and transmission of the Service may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
b. You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and use of these materials is subject to usage rules set by LifeWay and/or content providers of the Products. You may not attempt to override or circumvent any of the usage rules embedded into the Products. Any unauthorized (not expressly set forth below) reproduction, publication, further distribution or public exhibition of the Products, in whole or in part, is strictly prohibited.
3. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding internet usage. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
You agree to indemnify and hold LifeWay, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Products or the Service, your violation of the TOS, or your violation of any rights of another.
5. MODIFICATIONS TO SERVICE
LifeWay reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) related to the Products with or without notice. You agree that LifeWay shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Products or the Service.
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because LifeWay has no control over such sites and resources, you acknowledge and agree that LifeWay is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that LifeWay shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource. You agree not to access the Service by any means other than through the interface that is provided by LifeWay for use in accessing the Service.
7. DISCLAIMER OF WARRANTIES
You expressly understand and agree that:
a. Your use of the Service and Products is at your sole risk. The Service is provided on an "as is" and "as available" basis. LifeWay expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
b. LifeWay makes no warranty that:
i. The Products or Service will meet your requirements
ii. The Products or Service will be uninterrupted, timely, secure, or error-free
iii. The results that may be obtained from the use of the Service or Products will be accurate or reliable
iv. The quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations
v. Any errors in the software or Products will be corrected
c. Any material downloaded or otherwise obtained through the use of the Service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
d. No advice or information, whether oral or written, obtained by you from LifeWay or through or from the Service or Products shall create any warranty not expressly stated in the TOS.
e. A small percentage of users may experience epileptic seizures when exposed to certain light patterns or backgrounds on a computer screen or while using the Service or Products. Certain conditions may induce previously undetected epileptic symptoms even in users who have no history of prior seizures or epilepsy. If you, or anyone in your family, have an epileptic condition, consult your physician prior to using the Service. Immediately discontinue use of the Service and consult your physician if you experience any of the following symptoms while using the Service -- dizziness, altered vision, eye or muscle twitches, loss of awareness, disorientation, any involuntary movement, or convulsions.
8. LIMITATION OF LIABILITY
You expressly understand and agree that LifeWay shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if LifeWay has been advised of the possibility of such damages), resulting from:
a. The use or the inability to use the Service or Products;
b. The cost of procurement of substitute products, goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service;
c. Unauthorized access to or alteration of your transmissions or data;
d. Any other matter relating to the Service.
9. EXCLUSIONS AND LIMITATIONS
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations of sections 7 and 8 may not apply to you.
10. NO THIRD PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this TOS, there shall be no third party beneficiaries to this Agreement.
11. ENTIRE AGREEMENT
The TOS constitute the entire agreement between you and LifeWay and govern your use of the Products and Service, superceding any prior agreements between you and LifeWay. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other LifeWay services, affiliate services, third-party content or third-party software.
12. CHOICE OF LAW AND FORUM
The TOS and the relationship between you and LifeWay shall be governed by the laws of the State of Tennessee without regard to its conflict of law provisions. You and LifeWay agree to submit to the personal and exclusive jurisdiction of the courts located within Davidson County, Tennessee.
13. WAIVER AND SEVERABILITY OF TERMS
The failure of LifeWay to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
14. STATUTE OF LIMITATIONS
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the TOS are for convenience only and have no legal or contractual effect.
16. REINSTATEMENT/REPLACEMENT POLICY
Your satisfaction is important to us. You may be eligible to have your LifeWay downloadable Product purchase reinstated or replaced in the event that:
a. You downloaded a file that contained damaged, incomplete, or incorrect content;
b. You experienced hardware failure, such as hard drive or system board failure
c. You purchased a new computer and wish to have your Product (with accompanying rights) relocated from your old computer to your new computer.
d. In order to be considered for a Product reinstatement or replacement, you must contact the LifeWay customer service department, within 180 days of the date of the original purchase with a detailed description of the purchase and the reason for your request. Be sure to include your name, phone number, mailing address and e-mail address.
e. In the event you are eligible for reinstatement or replacement due to a new computer purchase, you must delete all Product files from your old computer. Following reinstatement or replacement, you will only have the right to access and use Product on your newly purchased computer.
In no event will you be eligible for reinstatement or replacement more than two (2) times in any one (1) year period.
17. CONTACT INFORMATION; REPORTING OF VIOLATIONS
Please report any violations of the TOS at firstname.lastname@example.org. In order to provide customer support after the purchase of your downloadable Product, LifeWay will keep a record of your name and other identifying information along with an account record of the Product you have obtained. Customer support for Ministry Grid® Products is available from www.ministrygrid.com.
18. MINISTRY GRID® DIGITAL FILES – ADMIN & USER ACCOUNTS
The use of the Ministry Grid® digital files involves several specific user responsibilities and limitations. All digitally delivered products are non-returnable and therefore non-refundable. All digital products are protected under existing copyright laws.
Depending on your particular master subscription or purchase basis, the following may be applicable to your subscription (as Administrator) and users/participants in your organization. If you are not the Admin on your account, your access to the Service may be limited due to the account's selected available content. If you have any questions, please check with your Adminstrator or Ministry Grid®customer service.
As the original purchaser, you ARE granted permission to do the following with your digital file:
a. You may download or stream certain files to your computer and/or share it with other user subscriptions that are a part of the original purchasing organization. If you lose or misplace your original file, you may use the URL (Web address) in your original e-mail receipt to retrieve another copy.
b. You may print text files for personal study or its intended use in a ministry setting. You may also make as many print copies of selected pages as needed for use in your ministry setting. (Examples: class handouts, activity sheets, and other pages duplicated as part of the intended purpose of the file.)
Use of this digital file is restricted as follows:
i. You may not share this file electronically with anyone other than within the original purchasing organization.
ii. You may not print a copy for anyone other than within the original purchasing organization.
iii. You may not permit anyone to print a copy from your file or the copies you make.
iv. You may not distribute the electronic file, printed copy, or the contents for resale.
v. You may not alter, remove elements (examples: text, images), or reconstruct this digital file beyond its original intended use.
vi. Your Content and Conduct
A. As a Ministry Grid® account holder you may submit Content to the Service, including videos and user comments.
B. You shall be solely responsible for your uploaded Content and the consequences of submitting and publishing your Content on the Service. You represent and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish Content you upload; and you license to Ministry Grid any patent, trademark, trade secret, copyright or other proprietary rights in any uploaded Content for publication on the Service.
C. You retain all of your ownership rights in your uploaded Content. However, by submitting Content to Ministry Grid, you hereby grant Ministry Grid a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the Service and Ministry Grid's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. Ministry Grid may retain, but not display, distribute, or perform, server copies of your uploaded Content that have been removed or deleted. The above licenses granted by you in user comments you submit are perpetual and irrevocable.
D. You further agree that Content you submit to the Service will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant Ministry Grid all of the license rights granted herein.
E. Ministry Grid does not endorse any Content submitted to the Service by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and Ministry Grid expressly disclaims any and all liability in connection with Content. Ministry Grid does not permit copyright infringing activities and infringement of intellectual property rights on the Service, and Ministry Grid will remove any Content if properly notified that such Content infringes on another's intellectual property rights. Ministry Grid reserves the right to remove uploaded Content without prior notice.
19. DIGITAL MILLENNIUM COPYRIGHT ACT
a. If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
i. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
ii. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
iii. 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;
iv. Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
v. 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
vi. 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.
vii. Ministry Grid's designated Copyright Agent to receive notifications of claimed infringement is: Legal Services, 1 LifeWay Plaza, MSN 187, Nashville, TN 37234-0187, email: email@example.com. You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid.
b. Counter-Notice. If you believe that your Content 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 material in your Content, you may send a counter-notice containing the following information to the Copyright Agent:
i. Identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled;
ii. 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
iii. Your physical or electronic signature;
iv. Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Nashville, Tennessee, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
v. If a counter-notice is received by the Copyright Agent, LifeWay may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at YouTube's sole discretion.
20. ACCOUNT TERMINATION POLICY
a. LifeWay will terminate a user's access to the Service if, under appropriate circumstances, the user is determined to be a repeat infringer of any portion of these ToS.
b. Ministry Grid reserves the right to decide whether uploaded Content violates these Terms of Service for reasons other than copyright infringement, such as, but not limited to editorial or theological considerations, and inappropriate or objectionable materials. Ministry Grid may at any time, without prior notice and in its sole discretion, remove or edit such uploaded Content and/or terminate a user's account for submitting such material in violation of these Terms of Service.
21. ADDITIONAL TERMS FOR MOBILE DEVICE USE
a. Access of Ministry Grid® via mobile devices may incur your service carrier's data rates and any fees for downloading of Content will still apply, depending on your access account terms.
b. Upon access of Ministry Grid® via mobile devices, you provide consent and all rights necessary to enable the app to sync with any current information that is on the MG web site.