In addition, you must be at least the legal age of majority in your state or country as applicable and have the legal right and capability to enter into this Agreement and perform and comply with all of its terms and conditions.
3. Modification of Agreement
Our Websites and Services are 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 our Websites and Services, including, without limitations, text, comments, messages, audio video, graphics, interactive features, on-demand programming (including without limitations television shows, movies and clips), and all other materials contained thereon, including Submissions, as defined in Section 14 (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. The unauthorized use of any Content protected by copyright is strictly prohibited and will constitute a breach of this Agreement.
5. The Content
a. Usage Rules and Limitations. You may not either directly or through the use of any device, software, internet site, web-based service, or other means remove, alter, bypass, avoid, interfere with, or circumvent any copyright, trademark, or other proprietary notices marked on the Content or any digital rights management mechanism, device, or other content protection or access control measure associated with the Content including geo-filtering mechanisms. For clarity, you may not use any technology or technique that obscures or disguises your location when you are accessing the Websites and Services. You may not either directly or through the use of any device, software, internet site, web-based service, or other means copy, record, download, stream capture, reproduce, duplicate, archive, distribute, upload, publish, modify, translate, broadcast, perform, display, sell, or transmit or retransmit the Content unless expressly permitted by the terms of your subscription or otherwise by us in writing. You may not incorporate the Content into, or stream or retransmit the Content via, any hardware or software application or make it available via frames or in-line links unless expressly permitted by us in writing. Furthermore, you may not create, recreate, distribute or advertise an index of any of the Content unless authorized by us in writing. You may not build a business utilizing the Content, whether or not for profit. The Content covered by these restrictions includes without limitation any text, graphics, layout, interface, logos, photographs, audio and video materials, and stills. In addition, you are strictly prohibited from creating derivative works or materials that otherwise are derived from or based on in any way the Content, including montages, mash-ups and similar videos, wallpaper, desktop themes, greeting cards, and merchandise, unless expressly permitted by us in writing. This prohibition applies even if you intend to give away the derivative materials free of charge.
b. Content Subjectivity. Content tends to elicit varying reactions from people of varying religious backgrounds. You may come across Content with which you do not theologically agree. Content types, genres, categories, and descriptions are provided as suggestions to help you with navigation, and we not guarantee that you will agree with them. You acknowledge these risks.
c. Content Quality. We use various technologies to provide you with an optimal viewing experience. That said, quality of Content, including resolution, may be affected by the format of the Content, your location, the speed and bandwidth of your internet service, and the devices used, among other factors. HD availability for certain Content depends on your internet service and device capabilities. The time it takes you to begin playing Content will vary based on a number of factors, including your location, internet bandwidth, the number of devices simultaneously connecting to the same network, the Content you have selected, and the configuration of the device you are using. As a result, we are unable to make any warranties about the Content in these respects.
d. Content Presentation. We want you to have the best experience with our Websites and Services, including the ability to easily discover and enjoy new Content. To help do that, Content you view across all Websites and Services may include promotional videos (e.g., previews or trailers) before and after that Content. Please note that Content you view (e.g., legal and medical shows) should not be relied upon for advice. For those who are susceptible to photosensitive epilepsy or other photosensitivities, it is also important to remember that some Content may contain flashing lights sequences or patterns.
6. Live TV Service
We offer multiple services that provide access to different types of Content, including our live TV stream (“Live TV Service”). Please be aware that the Live TV Service may not match with the time zone of your geographic location. Certain Content may be unavailable due to your location, blackouts, or device-specific restrictions set by parties that control Content rights.
7. Compatible Devices
In order to access the Websites and Services, you will need to use a computer, mobile device, streaming media player, or other device that meets the system and compatibility requirements that we establish from time to time (each, a “Compatible Device”). Please visit our Help Center at InspirationTV.com/help for a current list of Compatible Devices. Please note that Compatible Devices may vary by Websites and Service, and may be subject to additional terms.
8. Internet Service and Data Usage
In order to access some of the Websites and Services, you must have a high-speed broadband, wireless or similar internet connection from an internet service provider that meets certain technical specifications. Please note that multiple simultaneous streams, as well as HD Content, may require higher internet bandwidth. You are responsible for any costs associated with your internet service used to access the Services. Your use of the Websites and Services may count toward your data usage, depending on the terms of your agreement with your internet service provider.
9. Mobile Applications
If we offer some of our Websites 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. We will promptly return to you or destroy any records or copies of your telephone number or other outdated information.
Under no circumstances will we, 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.
Distributing Submissions through our 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.
10. Software Downloads and Additional Conditions
11. Subscriptions and Billing
a. Ongoing Subscription and Fees. You will need a subscription to access some of our Websites and Services (“Subscription”). Should a Subscription require a payment for access, you authorize us and give us the right to charge you a recurring monthly or annual fee at the then current rate (“Subscription Payment”) as well as any other charges arising in connection with the Subscription service, such as taxes and possible transaction fees.
b. Payment Method. Should a Subscription require a Subscription Payment, you will be required to provide a credit card or other payment method accepted by us, as may be updated from time to time (“Payment Method”). We will charge your Payment Method on a recurring basis corresponding to the term of your Subscription. You are solely responsible for any and all fees charged to your Payment Method. When you provide a Payment Method, we will attempt to verify the information you entered by processing an authorization hold. We do not charge you in connection with this authorization hold, but your available balance or credit limit may be reduced. If you want to use a different Payment Method than the one you signed up to use during registration, you may edit your Payment Method information by logging into the applicable Service and viewing your account details.
c. Subscription Payment Holds. In the event of a failed attempt to charge to your Payment Method (e.g. if your Payment Method has expired), we reserve the right to retry billing your Payment Method. In the event that you or we (through our payment service providers) update your Payment Method to remedy a change in validity or expiration date, we will automatically resume the Subscription Payment. We may suspend or cancel your access to the Services if we remain unable to successfully charge a valid Payment Method. We also reserve the right to pursue any amounts you fail to pay in connection with your Subscription or the Subscription Payment, including collection costs, bank overdraft fees, collection agency fees, reasonable attorneys’ fees, and arbitration or court costs. We may or may not offer you the ability to pause your Subscription for a specified period of time. If you do not cancel before the end of an approved pause period, your Subscription Payment will resume automatically.
d. Cancellation and Refunds. You can cancel your Subscription by logging into your account and following the instructions on your account page. You must cancel your Subscription prior to 11:59 p.m. Eastern time on the day before your next recurring billing date in order to avoid being charged the Subscription Payment. If you cancel your Subscription, you will continue to have access to the Website or Service through the end of your current Billing Period. However, if you modify your Subscription to switch from one Service to another Service during your Billing Period, you may not have continued access to your original Service.
e. Free Trials. On occasion, we may offer free trials to a particular Website or Service, subject to specific terms explained during your sign-up. We reserve the right to determine eligibility for free trials, which may vary based on factors including the Websites or Services selected, how recently you redeemed a free trial, and whether the Website or Service is part of a combined offering. Certain limitations may also exist with respect to combining free trials with any other offers.
f. Promotions. If we offer you a promotion (e.g., a promotional price or bundled subscription), the specific terms of the promotion will be disclosed during your sign-up or in other materials provided to you. We will begin billing your Payment Method at the then-current, non-promotional price after your promotion ends unless you cancel prior to the end of your promotion or unless otherwise disclosed.
g. One-Time Pay Per View Events. We may offer one-time pay per view events in connection with the Websites and Services. Some of these events may be offered through a third-party, in which case you may be required to complete your purchase through and view the event using a third-party service. You will be charged for pay per view events at the time of purchase.
12. Accounts and Registration
Inspiration Ministries is an assumed name of The Inspirational Network, Inc., a tax-exempt 501(c)(3) nonprofit organization. You agree that during and in connection with your use of our Websites and Services, we have the right to send and make available to you information and correspondence related to donation opportunities for Inspiration Ministries as well as periodic programming updates via electronic mail.
Any donation you make to us is put to work immediately and are not refundable. If you believe that an error has been made in connection with your donation, contact us at +1 803-578-1899 or [email protected]
For US residents, your donations to us are tax-deductible; however, IRS rules require that the fair market value of any gift received in connection with a donation must be subtracted from the amount claimed for deduction.
International residents should check the tax laws in your country to determine applicable giving exemptions.
14. Reviews, Comments, and Submissions
In these terms and conditions, we use the word “Submissions” to mean text, messages, ideas, comments, concepts, testimonies, suggestions, stories, screenplays, treatments, formats, artwork, photographs, drawings, videos, audiovisual works, musical compositions (including lyrics), sound recordings, characterizations, reviews, 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 our Websites and Services.
a. Types of Submissions. There are two types of Submissions: Solicited Submissions and Unsolicited Submissions.
“Solicited Submissions” means those Submissions (i) that we expressly request or enable you to provide to us via any feature or activity on our Websites; and (ii) that you Distribute on or through our Websites (such as through our prayer request opportunities or Communities as defined below).
“Unsolicited Submissions” are any and all Submissions that do not fall within aforementioned definition of “Solicited Submissions”). We will not accept or consider Unsolicited Submissions so you should not Distribute Unsolicited Submissions on or through our Websites and Services. 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 our Website or Service, 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.
You hereby consent to the processing of any Personal Data by us in relation to the use of our Websites and Services and Submissions thereto. This Agreement shall serve as documentation of such consent.
b. Web Communities. Your comments, suggestions and information are important to us. Portions of our Websites and Services 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. Notwithstanding the foregoing, we will assess the appropriate level of security and implement appropriate safeguards to guard Your Personal Data that is intended to be private, rather than publicly available.
You are and shall remain solely responsible for the Submissions you Distribute on or through our Websites 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 our Websites or Services per user may be limited. Some Submissions may not be processed due to space constraints or outbound message limitations. By using our Websites and Services, you agree and understand these terms and consent to the processing of your Submissions by us. We will safeguard any stored Submissions and employ appropriate security measures for Processors as required by Article 28 and Article 32 of the GDPR.
Distributing Submissions through our 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.
c. Registration. In order to engage the Web Communities and Distribute Submissions on our Websites and Services, 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 us. Your right to register is contingent upon your providing us 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 our Websites and Services unless they are pre-approved by us. Your registration will take effect upon our acceptance of your registration form. Other terms and conditions may apply to your registration as posted from time-to-time on our Websites and Services. You may terminate your registration related to Web Communities at any time, for any reason by following the instructions as provided on the applicable web page of our Websites and Services.
d. Commenting Policy. By using our Websites and Services, you agree that you will not Distribute any Submission that:
e. Disputes between Users. The resolution of disputes that may arise between Users is the sole responsibility of the Users, and we have no liability or obligation with respect to any such disputes.
f. Disclaimer. We cannot and do not assure that all 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 our Websites and Services 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 of our Websites and Services. Moreover, we retain all rights to remove Submissions at any time for any reason or no reason whatsoever. Notwithstanding the foregoing, we will implement security measures to protect any Submissions considered to be Personal Data by the GDPR. In the event that we remove or delete any Submission, we will promptly return to you or destroy any records or copies of Your Personal Data.
15. Electronic Delivery Policy
By using our Websites, you agree that we may provide to you required notices, agreements and other information concerning our Websites and Services electronically by posting on our home page or on the relevant web page. In addition, you agree that where a signature is required in connection with the Website and Services, your electronic signature is the legal equivalent of your manual signature and no other verification is necessary to validate your electronic signature. If you do not consent, please email [email protected] regarding receiving relevant documents for signature and instructions related to delivering the manually signed documents to us.
“INSPIRATION”, the “INSPIRATION TV” logo, “INSPIRATION MINISTRIES” and the “INSPIRATION MINISTRIES” logo are trademarks and/or service marks owned by us. All other trademarks, service marks and logos used on our Websites and Services are owned by us or used with permission of their respective owners. Any unauthorized use of such trademarks, service marks or logos is strictly prohibited and shall constitute a breach of this Agreement.
17. Modification to Websites and Services/Suspension/Discontinuation
We regularly make changes to the Websites and Services. The availability of the Content, as well as the Compatible Devices through which the Websites and Services are available, will change from time to time. We reserves the right to replace or remove any Content available to you through the Websites and Services, including specific titles and television series, and to otherwise make changes in how we operate the Services. Additionally, you agree that for various reasons, such as restrictions from content programmers and other limitations or considerations from third-parties, certain Content and functionality that may be available through one Compatible Device may not be available through another Compatible Device. We certainly hope not to, but we may change, suspend, or discontinue – temporarily or permanently – some or all of the Websites and Services (including the Content and the Compatible Devices through which the Services are accessed), with respect to any or all users, at any time without notice. In our continued assessment of the Websites and Services, we may from time to time, with respect to any or all of our users, experiment with or otherwise offer certain features or other elements of the Websites and Services, including promotional features, user interfaces, product features and functionality, plans, pricing, and advertisements. You acknowledge that we may do so in our sole discretion at any time without notice. You also agree that we will not be liable to you for any modification, suspension, or discontinuance of the Websites and Services.
18. 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: Susan Jackson, Intellectual Property Counsel for INSPIRATION MINISTRIES.
Full address of designated agent to whom notification should be sent:
Susan Jackson, Esq.
Designated Agent for Inspiration Ministries
Nelson Mullins Riley & Scarborough LLP
One Wells Fargo Center
301 South College Street, 23Rd Floor
Charlotte, NC 28202
Telephone Number of Designated Agent: 704-417-3126
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 our Websites and Services, electronic mail to your e-mail address as contained in our records, or by written communication sent by first-class mail to your physical address in our records.
19. Web Links/Advertising
Our Websites and Services may contain links and pointers to the other related Internet sites, resources, advertiser, and sponsors of ours. Links to and from our Websites and Services to other third party sites, maintained by third parties, do not constitute an endorsement by us or any of our subsidiaries or affiliates of any third party resources, or their contents. We disclaim any and all responsibility for content contained in any third party materials provided through links from our Websites and Services.
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 our Websites and Services. 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). We will take steps to ensure that any natural person acting under our authority who has access to your Personal Data will not control or process such data without your documented consent.
20. Ads and Malware
We take great care and pride in creating our Websites and Services. We are always on the lookout for technical glitches that effect how our Websites and Services work. When we find them on our end, we will attempt to fix them in a timely manner. Unfortunately, your Compatible Device may cause some glitches that effect how you experience our Websites and Services, which is beyond our control.
If you experience any unusual behavior, content or ads on our Websites and Services, it may be the result of Malware on your Compatible Devices. 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 our Websites and Services are working properly, sometimes Malware programs on your personal device may interfere with your experience on our Websites and Services 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]. Notwithstanding the foregoing, we will notify you without undue delay after becoming aware of any Personal Data breach as a result of such a Malware-related event. Such notification shall include that information a Processor must provide to a Controller under Article 33(3) of the GDPR to the extent such information is reasonably available to us.
21. International Users
Our Websites and Services contain content that may be illegal, banned, or outlawed in some countries. Accessing our Websites and Services is prohibited in jurisdictions where our 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. We, 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.
22. Export Controls
Software and the transmission of applicable technical data, if any, in connection with the Websites and Services are subject to export controls. You agree to comply with all applicable laws regarding software and the transmission of technical data exported from the United States or the country in which you reside.
23. Your Responsibilities and Restrictions
24. Disclaimer of Warranties
OUR WEBSITES AND SERVICES, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH OUR WEBSITES AND SERVICES, IS PROVIDED “AS IS.” TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE, 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 OUR WEBSITES AND SERVICES OR THE MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH OUR WEBSITES AND SERVICES, 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 OUR WEBSITES AND SERVICES OR ANY LINKED SITE. FURTHER, WE AND OUR SUBSIDIARIES AND AFFILIATES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN OUR WEBSITES AND SERVICES OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT OUR WEBSITES AND SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE, OUR SUBSIDIARIES, OUR LICENSEES, ASSIGNEES, DISTRIBUTORS, AGENTS, REPRESENTATIVES, AFFILIATES AND OTHER AUTHORIZED USERS SHALL NOT BE LIABLE FOR THE USE OF OUR WEBSITES AND SERVICES, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN.
25. Limitation of Liability
WE, 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, LOST PROFITS, EXEMPLARY, PUNITIVE OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO OUR WEBSITES AND SERVICES, SITE-RELATED SERVICES AND/OR CONTENT OR INFORMATION CONTAINED WITHIN OUR WEBSITES AND SERVICES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH OUR WEBSITES AND SERVICES AND/OR SITE-RELATED SERVICES IS TO STOP USING OUR WEBSITES AND SERVICES AND/OR THOSE SERVICES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU. NOTHING IN THESE TERMS SHALL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU. NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT ANY FEES PAID BY YOU TO US IN EXCHANGE FOR GOODS AND SERVICES DURING THE 6 MONTHS PRECEDING THE CLAIM OR $50, WHICHEVER IS GREATER. DONATIONS MADE TO US ARE NOT CONSIDERED FEES PAID IN EXCHANGE FOR GOODS AND SERVICES. UNLESS A CLERICAL ERROR HAS BEEN MADE BY US IN PROCESSING YOUR DONATION, DONATIONS ARE NON-REFUNDABLE.
You hereby agree to indemnify, defend and hold us, and all of our 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. We reserve the right, at our 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 our written consent.
27. 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 AND ANY GOODS OR SERVICES PROVIDED HERE UNDER SHALL BE AN APPROPRIATE STATE OR FEDERAL COURT LOCATED IN CHARLOTTE, NORTH CAROLINA.
28. General Data Protection Regulation
We make the following commitments in compliance with the GDPR:
For the purposes of this section, certain capitalized terms shall have the same meaning as set forth in the GDPR.
We will implement appropriate technical and organizational measures to ensure a level of security appropriate to the risk, taking into account the state of the art, the costs of implementation and the nature, scope, context and purposes of processing as well as the risk of varying likelihood and severity for the rights and freedoms of natural persons. In assessing the appropriate level of security, account will be taken of the risks that are presented by processing, in particular from accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to Personal Data transmitted, stored or otherwise processed.
We will take steps to ensure that any natural person, affiliate, contractor or Subprocessor acting under our authority who has access to Your Personal Data does not process such data except with your consent, unless he or she is required to do so by Applicable Law. We will notify you without undue delay after becoming aware of a Personal Data breach as required by Article 33(2) of the GDPR.
Last updated: May 15, 2020