This Internet Web Site Use Agreement (the “Agreement”) is between you and The Inspirational Network, Inc., (“INSPIRATION MINISTRIES”), a non-profit entity, with a principal place of business at 3000 WorldReach Drive, Indian Land, SC 29707, USA. Use of the INSPIRATION MINISTRIES Internet web sites (collectively, the “INSPIRATION MINISTRIES Web Site”) signifies your agreement to the terms and conditions of use set forth below in the Agreement:
You acknowledge that you have read the terms and conditions of use and that you accept the terms thereof. YOU AGREE TO READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS INSPIRATION MINISTRIES WEB SITE. If you do not agree to these terms and conditions of use, you may not access or otherwise use the INSPIRATION MINISTRIES Web Site.
2. Modification of Agreement
The INSPIRATION MINISTRIES Web Site is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. The contents of the INSPIRATION MINISTRIES Web Site, including, without limitations, text, comments, messages, video, graphics, interactive features, and all other materials contained thereon, including Submissions, as defined in Section 6 (collectively, “Content”) are protected by copyright, and are owned or controlled by INSPIRATION MINISTRIES, the party credited as the provider of the Content, respective licensees or advertisers.
Except as we specifically agree in writing, no Content from the INSPIRATION MINISTRIES Web Site may be used, reproduced, transmitted, distributed or otherwise exploited in any way other than as part of the INSPIRATION MINISTRIES Web Site, except that where the INSPIRATION MINISTRIES Web Site is configured to enable the download of particular Content, you may download one copy of such Content to a single computer for your personal, noncommercial home use only, provided that you (a) keep intact all copyright and other proprietary notices, (b) make no modifications to the Content, and (c) do not use the Content in a manner that suggests an association with any of our products, services or brands.
In the event that we offer downloads of software on the INSPIRATION MINISTRIES Web Site and you download such software, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the “Software”) are licensed to you by us or third-party licensors for your personal, noncommercial home use only. We do not transfer title to the Software to you. You may not distribute or otherwise exploit the Software or decompile, reverse engineer, disassemble or otherwise reduce the Software to a human-readable form.
4. Streaming Media
There may be portions of the INSPIRATION MINISTRIES Web Site, Content, functionality or features (e.g., digital streaming media player(s)) (collectively, “Streaming Media”) that we make available to users for your personal use. While we can obviously change how, to whom and to what extent we make these Streaming Media available at any time without any notice and in our sole discretion, to the extent they are available to you whenever you visit the INSPIRATION MINISTRIES Web Site or take advantage of any of these Streaming Media (whether you use these Streaming Media on your own personal or customized web pages, whether they are displayed or appear embedded or housed within a web page or website of anyone else, whether a commercial website or web page, an advertisement, promotional message or even a personalized or customized web page of a friend or through any device that can access any of these Streaming Media), you agree not to download any content made available as part of the Streaming Media and acknowledge that such content is available only for streaming viewing and, further, that you are bound by the applicable provisions of this Agreement.
5. RSS Feeds and Podcasts
The INSPIRATION MINISTRIES Web Site may provide RSS Feeds (“RSS Feeds”) consisting of selected Content, including without limitation text, audio, video, and photographic content (“Content”) from the INSPIRATION MINISTRIES Web Site that is provided over the Internet using an XML feed. Certain RSS Feeds may be podcasts (“Podcasts”) which may include as part of the Content an associated audio, video and/or photographic file where the audio and/or video file may be downloaded and played from a user’s device or transferred to a portable listening device. Certain software and hardware is required for users to download and view and/or play Content through RSS Feeds.
By your access to and use of RSS Feeds, you understand, acknowledge and agree that the INSPIRATION MINISTRIES Web Site, THE INSPIRATION MINISTRIES, our subsidiaries, our licensees, assignees, distributors, agents, representatives, affiliates and other authorized users do not warrant that its RSS Feeds will operate on all user equipment. Please see the “Disclaimer of Warranties” and “Limitations of Liability” sections below for further details.
In these terms and conditions, we use the word “Submissions” to mean text, messages, ideas, concepts, testimonies, suggestions, stories, screenplays, treatments, formats, artwork, photographs, drawings, videos, audiovisual works, musical compositions (including lyrics), sound recordings, characterizations, your and/or other persons’ names, likenesses, voices, usernames, profiles, actions, appearances, performances and/or other biographical information or material, and/or other similar materials that you submit, post, upload, embed, display, communicate or otherwise distribute (collectively, “Distribute”) on or through the INSPIRATION MINISTRIES Web Site.
There are two types of Submissions: Solicited Submissions and Unsolicited Submissions. “Solicited Submissions” means those Submissions (a) that we expressly request or enable you to provide to us via any feature or activity on the INSPIRATION MINISTRIES Web; and (b) that you Distribute on or through the INSPIRATION MINISTRIES Web Site (such as through INSPIRATION MINISTRIES’ Web Communities as defined below in Section 8). “Unsolicited Submissions” are any and all Submissions that do not fall within subparagraphs (a) or (b) of this paragraph.
INSPIRATION MINISTRIES shall not accept or consider Unsolicited Submissions so you should not Distribute Unsolicited Submissions on or through the INSPIRATION MINISTRIES Web Site. We want to avoid the possibility of future misunderstandings when projects developed by us or under our direction might seem to others to be similar to their own creative work. In any event, you agree that any Submissions you make are not being made in confidence or trust and that no confidential or fiduciary relationship is intended or created between you and us in any way, and that you have no expectation of any review, compensation or consideration of any type (other than any Consideration stated and identified in writing).
By submitting any Submission on or through the INSPIRATION MINISTRIES Web Site, you are hereby agreeing to the terms of our Submission Agreement . Accordingly, we, our subsidiaries, our licensees, assignees, distributors, agents, representatives, affiliates and other authorized users shall be entitled to exploit and disclose all Submissions per the Submission Agreement, and we shall not be liable to you or to any person claiming through you for any exploitation or disclosure of any Submission.
7. Electronic Delivery Policy
By using the INSPIRATION MINISTRIES Web Site, you agree that we may provide to you required notices, agreements and other information concerning the INSPIRATION MINISTRIES Web Site electronically by posting on the home page of this INSPIRATION MINISTRIES Web Site or on the relevant web page.
8. Web Communities
Your comments, suggestions and information are important to us. Portions of the INSPIRATION MINISTRIES Web Site may provide you and other users an opportunity to participate in forum services, message board, instant messaging, mobile services, blogs, third-party social networking sites, web communities and other message and communication facilities (collectively, “Web Communities”) and may provide you with the opportunity, through such Web Communities or otherwise, to submit, post, display, transmit and/or exchange Submissions, which include without limitation information, ideas, opinions, messages or other information. You acknowledge that the Web Communities and features offered therein are for public and not private communications, and you have no expectation of privacy with regard to any Submission to any Web Community. We cannot guarantee the security of any information you disclose through any of these media; you make such disclosures at your own risk.
You are and shall remain solely responsible for the Submissions you Distribute on or through any INSPIRATION MINISTRIES Web Site under your username or otherwise by you in any Web Community and for the consequences of submitting and posting same. We have no duty to monitor any Web Community.
Also, you should be skeptical about information provided by others, and you acknowledge that the use of any Submission posted in any Web Community is at your own risk. For example, we are not responsible for, and we do not endorse, the opinions, advice or recommendations posted or sent by users in any Web Community and we specifically disclaim any and all liability in connection therewith.
You understand, acknowledge and agree that we have the right to delete, re-format and/or change your Submissions in any manner that we may determine.
The amount of storage space on the INSPIRATION MINISTRIES Web Site per user may be limited. Some Submissions may not be processed due to space constraints or outbound message limitations. You understand, acknowledge and agree that we assume no responsibility for deletion of Submissions or any failure to store, receive or deliver Submissions in a timely manner or any other matter relating to Submissions.
Distributing Submissions through INSPIRATION MINISTRIES’ Web Communities is for noncommercial purposes only and you may not Distribute in any manner which does or is intended to promote or generate revenue for any business enterprise or commercial activity.
In order to engage the Web Communities and Distribute Submissions on the INSPIRATION MINISTRIES Website, you must be at least the legal age of majority in your state or country as applicable and you have the legal right and capability to enter into this Agreement and perform and comply with all of its terms and conditions. You may also be required register as a user (“User” or “Users”) with INSPIRATION MINISTRIES. Your right to register is contingent upon your providing INSPIRATION MINISTRIES with true and complete information during the registration process. Your eligibility to register is automatically void where prohibited by law. Commercial businesses may not register with the INSPIRATION MINISTRIES Web Site unless they are pre-approved by INSPIRATION MINISTRIES. Your registration will take effect upon acceptance of your registration form by INSPIRATION MINISTRIES. Other terms and conditions may apply to your registration as posted from time-to-time on the INSPIRATION MINISTRIES Web Site. You may terminate your registration at any time, for any reason by following the instructions as provided on the applicable web page of the INSPIRATION MINISTRIES Web Site. INSPIRATION MINISTRIES reserves the right to reject and to terminate your registration and use of the INSPIRATION MINISTRIES Web Site at any time, for any reason without notice to you.
10. Commenting Policy
By using the INSPIRATION MINISTRIES Web Sites, you agree that you will not Distribute any Submission that:
1. is (a) defamatory, abusive, harassing, threatening, or an invasion of a right of privacy of another person; (b) is bigoted, hateful, or racially or otherwise offensive; (c) is violent, vulgar, obscene, pornographic or otherwise sexually explicit; or (d) otherwise harms or can reasonably be expected to harm any person or entity;
2. is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them, including a Submission that is, or represents an attempt to engage in, child pornography, stalking, sexual assault, fraud, trafficking in obscene or stolen material, drug dealing and/or drug abuse, harassment, theft, or conspiracy to commit any criminal activity;
3. infringes or violates any right of a third party including: (a) copyright, patent, trademark, trade secret or other proprietary or contractual rights; (b) right of privacy (specifically, you must not distribute another person’s personal information of any kind without their express permission) or publicity; or (c) any confidentiality obligation;
4. is commercial, business-related or advertises or offers to sell any products, services or otherwise (whether or not for profit), or solicits others (including solicitations for contributions or donations);
5. contains a virus or other harmful component, or otherwise tampers with, impairs or damages the INSPIRATION MINISTRIES Web Sites or any connected network, or otherwise interferes with any person or entity’s use or enjoyment of the INSPIRATION MINISTRIES Web Sites; or
6. (a) does not generally pertain to the designated topic or theme of the relevant Web Community; (b) violates any specific restrictions applicable to a Web Community, including its age restrictions and procedures; or (c) is antisocial, disruptive, or destructive, including “flaming,” “spamming,” “flooding,” “trolling,” and “griefing” as those terms are commonly understood and used on the Internet.
We cannot and do not assure that other Users are or will be complying with the foregoing Commenting Policy or any other provisions of these terms and conditions of, and, as between you and us, you hereby assume all risk of harm or injury resulting from any such lack of compliance.
We reserve the right, but disclaim any obligation or responsibility, to (a) refuse to post or communicate or remove any Submission from any INSPIRATION MINISTRIES Web Site that violates these terms and conditions of (including the Commenting Policy) and (b) identify any User to third parties, and/or disclose to third parties any Submission or personally identifiable information, when we believe in good faith that such identification or disclosure will either (i) facilitate compliance with laws, including, for example, compliance with a court order or subpoena, or (ii) help to enforce these terms and conditions of (including the Commenting Policy) and/or our contest, sweepstakes, promotions, and game rules, and/or protect the safety or security of any person or property, including any INSPIRATION MINISTRIES Web Site. Moreover, we retain all rights to remove Submissions at any time for any reason or no reason whatsoever.
11. Mobile Applications
If INSPIRATION MINISTRIES offers products and services through applications available on your wireless or other mobile device (such as a mobile phone) (the “Mobile Application Services”), these Mobile Application Services may be governed by any additional terms governing the applicable Mobile Application Service (“Additional Terms”). We do not charge for these Mobile Application Services unless otherwise provided in the applicable Additional Terms. However, your wireless carrier’s standard messaging rates and other messaging, data and other rates and charges will apply to certain Mobile Application Services. You should check with your carrier to find out what plans your carrier offers and how much the plans cost. In addition, the use or availability of certain Mobile Application Services may be prohibited or restricted by your wireless carrier, and not all Mobile Application Services may work with all wireless carriers or devices. Therefore, you should check with your wireless carrier to find out if the Mobile Application Services are available for your wireless device, and what restrictions, if any, may be applicable to your use of such Mobile Application Services. If you change or deactivate your wireless telephone number, you agree to promptly update your User account information to ensure that your messages are not sent to the person that subsequently acquires your old number.
Under no circumstances will INSPIRATION MINISTRIES, our subsidiaries, our licensees, assignees, distributors, agents, representatives, affiliates and other authorized users be responsible for any wireless email, text messaging or other charges incurred by a User (or any person that has access to a User’s wireless device, telephone number, or email address) using any Mobile Application Services.
12. Disputes Between Users
The resolution of disputes that may arise between Users is the sole responsibility of the Users, and INSPIRATION MINISTRIES has no liability or obligation with respect to any such disputes.
“INSPIRATION MINISTRIES” and the “INSPIRATION MINISTRIES” logo are trademarks and/or service marks of INSPIRATION MINISTRIES. All other trademarks, service marks and logos used on the INSPIRATION MINISTRIES Web Site are owned by INSPIRATION MINISTRIES or used with permission of their respective owners.
14. Changes to INSPIRATION MINISTRIES Web Site
INSPIRATION MINISTRIES may change, suspend or discontinue any aspect of the INSPIRATION MINISTRIES Web Site at any time, including the availability of any INSPIRATION MINISTRIES Web Site feature, database, or content. INSPIRATION MINISTRIES may also impose limits on certain features and services or restrict your access to parts or all of the INSPIRATION MINISTRIES Web Site without notice or liability.
15. Copyright Infringement Complaints
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement must be sent to Service Provider’s Designated Agent.
Name of Agent Designated to Receive Notification of Claimed Infringement: Karl Sawyer, Intellectual Property Counsel for INSPIRATION MINISTRIES.
Full Address of Designated Agent to Which Notification Should be Sent:
Karl S. Sawyer, Esq.
Designated Agent for Inspiration Ministries
Nelson Mullins Riley & Scarborough LLP
Bank of America Corporate Center, 42nd Floor
100 North Tryon Street,
Charlotte, NC 28202
Telephone Number of Designated Agent: 704-417-3049
E-Mail Address of Designated Agent: [email protected]
To be effective, the notification must be a written communication that includes the following:
1. A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. 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;
3. 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 us to locate the material;
4. Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
5. A statement that the complaining party has 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
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
We may give you notice that we have removed or disabled access to certain material by means of a general notice on the INSPIRATION MINISTRIES Web Site, electronic mail to a User’s e-mail address in our records, or by written communication sent by first-class mail to your physical address in our records. If you receive such a notice, you may provide counter-notification in writing to the designated agent that includes the information below. To be effective, the counter-notification must be a written communication that includes the following:
1. Your physical or electronic signature;
2. Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
3. A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
4. Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a Federal District Court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which INSPIRATION MINISTRIES may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
You hereby agree to indemnify, defend and hold INSPIRATION MINISTRIES, and all its officers, directors, agents, employees, information providers, subsidiaries, affiliates, licensors and licensees (collectively, the “Indemnified Parties”) harmless from and against any and all claims, actions, damages, liabilities and costs (including, without limitation, attorneys’ fees and court costs) incurred by the Indemnified Parties in connection with or arising out of any breach by you of the Agreement or the foregoing representations, warranties and covenants. You shall cooperate as fully as reasonably required in the defense of any claim. INSPIRATION MINISTRIES reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of INSPIRATION MINISTRIES.
17. Web Links/Advertising
The INSPIRATION MINISTRIES Web Site may contain links and pointers to the other related Internet sites, resources, advertiser, and sponsors of the INSPIRATION MINISTRIES Web Site. Links to and from the INSPIRATION MINISTRIES Web Site to other third party sites, maintained by third parties, do not constitute an endorsement by INSPIRATION MINISTRIES or any of its subsidiaries or affiliates of any third party resources, or their contents. INSPIRATION MINISTRIES disclaims any and all responsibility for content contained in any third party materials provided through links from the INSPIRATION MINISTRIES Web Site.
From time to time, you may communicate with, receive communications from, be re-directed to, interact with, or participate in or use the services or obtain goods and services of or from our advertisers, sponsors, or promotional partners (collectively, the “Advertisers”) as a result of your use of the INSPIRATION MINISTRIES Web Site. All such communication, interaction and participation is strictly and solely between you and such Advertisers and we shall not be responsible or liable to you in any way in connection with these activities or transactions (including, without limitation, any representations, warranties, covenants, contracts or other terms or conditions that may exist between you and the Advertiser or any goods or services you may purchase or obtain from any Advertiser).
18. Ads and Malware
We take great care and pride in creating the INSPIRATION MINISTRIES Site. We are always on the lookout for technical glitches that effect how the INSPIRATION MINISTRIES Web Site works. When we find them on our end, we will attempt to fix them in a timely manner. Unfortunately, your home computer may cause some glitches that effect how you see our Site — and that is beyond our control.
If you experience any unusual behavior, content or ads on the INSPIRATION MINISTRIES Web Site, it may be the result of Malware on your computer. Malware — short for MALicious softWARE — is a term used to broadly classify a form of software which is installed in a computer system with malicious intentions, usually without the owner’s knowledge or permission. Malware includes computer viruses, key loggers, malicious active content, rogue programs and dialers, among others. While we continuously work closely with our partners to ensure that everything on the INSPIRATION MINISTRIES Web Site is working properly, sometimes Malware programs on your personal computer may interfere with your experience on our Site and on other sites that you visit.
We are not responsible for the effects of any third-party software including Malware on your computer system. You should carefully read the Help or Customer Support areas of any software download site. If you do discover any Malware on your system, we also suggest you speak with a qualified computer technician. If, after taking the above actions, you are still experiencing any problems, please feel free to contact us at [email protected]
19. International Users
The INSPIRATION MINISTRIES contains content that may be illegal, banned, or outlawed in some jurisdictions. Accessing the INSPIRATION MINISTRIES Web Site is prohibited from territories where the content is illegal. If you access the content from other locations, you do so at your own risk and are responsible for compliance with local laws. The INSPIRATION MINISTRIES, our subsidiaries, our licensees, assignees, distributors, agents, representatives, and other authorized users make no representation as to the legality of the content you are accessing.
20. Disclaimer of Warranties
THE INSPIRATION MINISTRIES WEB SITE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE INSPIRATION MINISTRIES WEB SITE, IS PROVIDED “AS IS.” TO THE FULLEST EXTENT PERMISSIBLE BY LAW, INSPIRATION MINISTRIES, OUR SUBSIDIARIES, OUR LICENSEES, ASSIGNEES, DISTRIBUTORS, AGENTS, REPRESENTATIVES, AFFILIATES AND OTHER AUTHORIZED USERS MAKE NO REPRESENTATION OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE INSPIRATION MINISTRIES WEB SITE OR THE MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THE INSPIRATION MINISTRIES WEB SITE, FOR ANY PRODUCTS OR SERVICES OR HYPERTEXT LINKS TO THIRD PARTIES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE INSPIRATION MINISTRIES WEB SITE OR ANY LINKED SITE. FURTHER, INSPIRATION MINISTRIES AND ITS SUBSIDIARIES AND AFFILIATES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. INSPIRATION MINISTRIES DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE INSPIRATION MINISTRIES WEB SITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE INSPIRATION MINISTRIES WEB SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. INSPIRATION MINISTRIES, OUR SUBSIDIARIES, OUR LICENSEES, ASSIGNEES, DISTRIBUTORS, AGENTS, REPRESENTATIVES, AFFILIATES AND OTHER AUTHORIZED USERS SHALL NOT BE LIABLE FOR THE USE OF THE INSPIRATION MINISTRIES WEB SITE, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN.
21. Limitation of Liability
INSPIRATION MINISTRIES, OUR SUBSIDIARIES, OUR LICENSEES, ASSIGNEES, DISTRIBUTORS, AGENTS, REPRESENTATIVES, AFFILIATES AND OTHER AUTHORIZED USERS ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE INSPIRATION MINISTRIES WEB SITE, SITE-RELATED SERVICES AND/OR CONTENT OR INFORMATION CONTAINED WITHIN THE INSPIRATION MINISTRIES WEB SITE, EVEN IF INSPIRATION MINISTRIES KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE INSPIRATION MINISTRIES WEB SITE AND/OR SITE-RELATED SERVICES IS TO STOP USING THE INSPIRATION MINISTRIES WEB SITE AND/OR THOSE SERVICES.
22. Choice of Law; Jurisdiction
THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NORTH CAROLINA, UNITED STATES OF AMERICA, WITHOUT REGARD TO CONFLICTS OF LAWS OR CHOICE OF LAW PROVISIONS. SOLE AND EXCLUSIVE JURISDICTION FOR ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL BE AN APPROPRIATE STATE OR FEDERAL COURT LOCATED IN CHARLOTTE, NORTH CAROLINA.