Ministry Streams Terms Of Use
Version 4.4
Effective April 01, 2010
Thank you for using the Ministry Streams website (the "Website") the membership community subscription, and the Ministry Streams pay-per-view services offered by or through the Website (the "Services"). The Services and Website are provided by Ministry Streams ("Ministry Streams") hereinafter “MS” for its own behalf, of the behalf of its advertisers, broadcasters, and other content providers.
The terms of service contained in this document (these "Terms of Use") apply to and govern your use of the Services and Website. Before using the Services and Website, please read these Terms of Use in their entirety as well as all other documents incorporated by reference into these Terms of Use. As used herein, any references to "you" or "your" shall include you and any authorized user of your account with the Services and any references to “we”, “our” or “us” shall mean Ministry Streams.
YOUR USE OF THE WEBSITE OR SERVICE INDICATES YOUR ACCEPTANCE OF THESE TERMS OF SERVICE. IF YOU DO NOT ACCEPT THESE TERMS OF SERVICE, YOU MAY NOT USE THIS WEBSITE OR THE SERVICES. WE RESERVE THE RIGHT, IN OUR SOLE DISCRETION, TO MODIFY, ALTER OR OTHERWISE UPDATE THESE TERMS OF SERVICE AT ANY TIME WITHOUT PRIOR NOTICE. YOUR CONTINUED USE OF THIS WEBSITE FOLLOWING ANY SUCH MODIFICATION WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH MODIFICATIONS.
1. PERSON(S) UNDER THE AGE OF 18.
Some materials, including graphic files, audio files, video files, movies, text, hyperlinks, interlinks, search engines, and other content that are provided through the Services and Website (the "Content") are intended only for those persons over the age of 18 or ages 13 to 18 who have received consent from their parent or guardian. As such, in order to register for the Services, you represent that you are at least 18 years of age or older, or that you are between the ages of 13 and 18 and have received consent from your parent or guardian. If you are under the age of 13, please do not register for the Services or use the Website.
2. ACCEPTANCE OF TERMS AND REGISTRATION.
a. Complying with Terms. In consideration for using the Services and Website, you agree to comply with these Terms of Service. In addition, you further agree to (i) make timely and satisfactory payment for the specific Services purchased by you; (ii) provide us with your valid e-mail address and accurate, complete and true information about yourself as required (your "Registration Information") in order to create an account for use of the Services and restricted access portions of the Website (your "Account"); and (iii) maintain and update, as applicable, your Registration Information with current and complete information. If you violate these Terms of Service, or provide inaccurate, false, or non-current Registration Information or credit card information you may, at our sole discretion, have your Account suspended or terminated, and you may be permanently banned from using the Services and Website. Furthermore, we may, in our sole discretion, pursue any available rights or remedies at law or in equity for such a violation of these Terms of Service, or for submitting inaccurate credit card information.
b. Password Security. When creating an Account you may be asked to submit a valid email address and a password. You will be responsible for maintaining the confidentiality of your password. Although sharing your account nuser name, password, email address, and/or access is not allowed, you further agree and understand that you are responsible for all activity on the Services and Website accessed using your Account, including the activity of those individuals to whom you have provided your user name, email address, password, and/or access to your account. You agree that you will (i) immediately notify us by one of the means specified in Section 17(e) of any unauthorized use of your email address or password and (ii) ensure that you properly exit the Services at the completion of your session.
c. Viewer Account Access. You agree and acknowledge your account is a "one connection only account". This account is assigned to you and you alone and no more than a single user access is allowed. Any simultaneous connection(s) are a violations to these trerms of use. These terms are strictly inforced.
d. Paid Accounts (Conferencing Accounts). You agree and acknowledge your account is a "one connection only account". This account is assigned to you and you alone and no more than a single user access is allowed at any time. Any simultaneous connection(s) are a violations to these trerms of use. These terms are strictly inforced.
- (i.) Additional Seats. Paid accounts may add additional seats. If you would like to add an additional seat(s) to your account, an additional seat may be adeded at the additional seat price. An additional seat allows for one additional connection.
f. Enforcement. These terms are strictly inforced. We shall not be liable for any loss or damage arising from your Account or your failure to comply with these requirements.
g. Privacy Policy. Our use and handling of your Registration Information is governed by the Privacy Policy separately on this Website. By registering for an Account and providing with your Registration Information to us, you agree that we can use your Registration Information as specified by the Privacy Policy.
View the Privacy Policy
3. SUBSCRIPTIONS.
a. Term. Subscription plans continue until canceled or revoked. The following subscriptions are available:
- 1. Viewer Account (VA). VA accounts are viewing only accounts); and
- 2. Pay Account. Paying accounts are paying accounts with certain limitations:
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- i. bandwidth; and
- ii. available broadcasting hours.
b. Conditions. Ministry Streams offers two types of accounts.
- 1. Viewer Account (VA) and Payer Level Account(PL?). There is no charge for a Ministry Streams viewer account although certain information is needed in order to open a VA account. This information allows the VA user to purchase for pay viewing, i.,e. conference(s), training presentations, etc. To qualify for a "VA" you are required to fill out all required information. All information must be truthful and accurate and contain a valid email address. This information may also be used for other purposes, i.e. help Ministry Streams staff identify you as the registered user of the account should you lose your password, etc.
- 2. Payer Account - There is a one time set-up and access fee of $250.00. Thereafter a monthly renewal fee, based upon your streaming needs, is required.
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- i. Payment: If payment(s) are not received within seven days of the invoice date, the account will be immediately suspended. Ministry Streams may choose to forward invoices via your account email address. Regardless of your receiving any invoice(s) it is oyur responsibility to know the renewal date and when payments are due. It is not Ministry Streams responsibility to remind you of outstanding balances. Failure to pay promptly will cause your Payer Level account to be suspended immediately. There are no grace period(s). It is your responsibility to know your renewal date and to make payments promptly. Ministry Streams will not be liable nor responsible for any damages caused by your account being suspended (for any reason).
- ii. Usage beyond your package allotment will cause additional fees to be applied to your account. Please review your package of choice and be sure the package you have chosen is adequate to meet your streaming needs. If you find your streaming needs are greater than the Ministry Streams streaming package you presently have, you may upgrade within the month at no additional charge.
- iii. Reactivation Fee: If your account has been suspended for any reason there is a reactivation fee of $75.00 which must be paid prior to your account being reactivated. Prior to reactivation, your account must be paid up to date. If more than one suspension has been applied to your account within any two year period, Ministry Streams may choose to close your account without renewal privileges. Ministry Streams may deny account privileges for any undisclosed reasons. By opening and/or using the MS Website you agree Ministry Streams is not required to notify account user(s) of how it has determined any decisions to suspend or closeout any account(s).
- iv. Subscriptions are cancelable at any time although if you choose a pay account(s), you remain liable for any outstanding balances plus interest and penalties.
- v. Ministry Streams reserve the right to cancel any subscription or any account at any time. Pay per view services purchased via the Ministry Streams Store are non-refundable and non-cancelable.
4. LICENSE TO CONTENT
a. Content License. We grant you a non-exclusive, non-transferable, limited rights and license to access, use and privately display the Content, Services and Website for your personal use only, by way of one (1) computer at a time that is connected to the Services and Website over the internet, provided that you comply fully with these Terms of Service.b. Restrictions. You may not: (i) frame or link to the Services or the Website except as expressly permitted in writing by us; (ii) permit unauthorized individuals to use the Services and Website; (iii) modify, translate, reverse engineer, decompile, disassemble (except to the extent that this restriction is expressly prohibited by law) or create derivative works based upon the Content or any portion thereof; (iv) copy the Content or any portion thereof, except as specifically provided for herein; (v) sell, rent, lease, transfer, distribute, broadcast, display or otherwise assign any rights to the Content to any third party; (vi) remove any proprietary notices or labels on the Content and Website; (vii) use the Services or Website in conjunction with any device or service designed to circumvent technological measures employed to control access to, or the rights in, a content file or other work protected by the copyright laws of any jurisdiction; (viii) use the Services, Website or Content for any commercial or illegal purpose; (ix) use the Services or Website to invade the privacy of, or obtain personal information about, any account holder or user of the Services or Website, or to obtain a list of account holders or users of the Services or Website; (x) copy, modify, erase or damage any information contained on the Services, or any third party servers; (xi) use the Services or Website to violate any legal right of any third party, including any publicity or privacy right, copyright or other intellectual property right, or to take any action that is harassing, libelous, defamatory, abusive, tortious, threatening, harmful or otherwise objectionable; (xii) use any data mining, robots, or similar data gathering and or extraction tools in connection with the Services and Website; (xiii) use the Services or Website to post or transmit any unsolicited advertising or promotional materials; (xiv) access or use any password protected, secure or non-public areas of the Services or Website except as specifically authorized in writing by Ministry Streams (unauthorized individuals attempting to access these areas of the Services or Website may be subject to prosecution); (xv) impersonate or misrepresent your affiliation with any person or entity; (xvi) interfere or attempt to interfere with the operation of the Services or Website in any way through any means or device including, but not limited to, spamming, hacking, uploading computer viruses or time bombs; or (xvii) attempt to disable, bypass, modify, defeat or otherwise circumvent any of the digital rights management or other security related tools incorporated into the software (including without limitation the tools that delete downloaded content for which the license rights have expired).
5. MINIMUM SPECIFICATIONS.
The Services and Website will operate only on those hardware and software platforms specified by us for the Services and Website. It is your responsibility to ensure that you have the appropriate software, hardware, settings, and Internet connection to operate the Services and Website. We reserve the right to cease supporting any hardware or software platform at any time, with or without notice.6. MODIFICATION OF SERVICES AND WEBSITES.
We reserve the right, at our sole discretion, to update, change, modify, add or remove any portion of the Services, Website or these Terms of Service, in whole or in part, at any time. Changes to these Terms of Service will be effective when posted. You agree to review these Terms of Service periodically to be aware of any changes. By continuing to use the Services or Website after any changes, you agree to be bound by subsequent revisions to these Terms of Service.7. TITLE.
We are the exclusive owner and proprietor of the Services and Website. The Content is owned by us and/or our licensors, broadcasters, advertisers and content providers and is protected by applicable domestic and international copyright laws.8. TERMINATION
a. Termination for Breach. These Terms of Service (and therefore any license granted herein) shall terminate automatically and immediately if you fail to comply with any of the limitations or obligations described in these Terms of Service. No notice shall be required from us to effectuate such termination.b. Termination for Any Reason. In addition, we reserve the right to terminate these Terms of Service and discontinue access to the Services or Website at any time for any reason upon posting notice thereof on the Website. Ministry Streams reserve the right(s) to notify the user of the terms and decisions that the termination has been based.
9. UNSOLICITED SUBMISSIONS.
We are pleased to hear from our customers and welcome your comments regarding our products and services, including our online services. Unfortunately, however, our policy does not allow us to accept or consider creative ideas, suggestions, or materials other than those we have specifically requested. We hope you will understand that it is the intent of this policy to avoid the possibility of future misunderstandings when projects developed by our professional staff might seem to others to be similar to their own creative work. Accordingly, we must regretfully ask that you do not send us any original creative materials such as message, sermon, stories or character ideas, screenplays, or original artwork. While we do value your feedback on our services and products, we request that you be specific in your comments on those services and products and not submit any creative ideas, suggestions, or materials. If, at our request, you send certain specific submissions or, despite our request that you not send us any creative materials you still send us creative suggestions, ideas, notes, drawings, concepts, or other information (collectively, the "Submissions"), the Submissions shall be deemed, and shall remain, our property. None of the Submissions shall be subject to any obligation of confidentiality on the part of us, and we shall not be liable for any use or disclosure of any Submissions. Without limitation of the foregoing, we shall exclusively own all now known or hereafter existing rights to the Submissions of every kind and nature, in perpetuity, throughout the universe and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions.10. NON-UNITED STATES RESIDENTS.
We make no representation that the Services, Website and any content or products offered on the Services and Website and their copyrights, trademarks, patents, and licensing arrangements, are appropriate or available for use in locations other than in the United States of America.11. LINKS FROM THE WEBSITES.
The Services and Website contain links through advertising and otherwise, to various third party web sites and other resources (collectively the "Linked Entities"). These Linked Entities are not under our and we are not responsible or liable for the content, communications or materials of any Linked Entities. We are providing these links to you as a convenience only. The inclusion of any link does not imply endorsement by us of the Linked Entity or any association with its operators. You are responsible for adhering to the applicable terms of service for any Linked Entity. You are solely responsible and liable for any interactions you may have with such entities, their sponsors and other third-parties.12. COPYRIGHT NOTICE.
You may not use the Services or Website to help you infringe the copyrights of any third party. You agree that you shall only use the Services and Website in a manner that violates no third-party rights and that complies with all applicable laws in the jurisdiction in which you use the Services and Website, including, but not limited to, applicable restrictions concerning copyrights and other intellectual property rights. If you believe that any content appearing on the Services or Website has been copied in a way that constitutes copyright infringement, please forward the following information to the Copyright Agent named below:(a) Your name, address, telephone number, and email address;
(b) A description of the copyrighted work that you claim has been infringed;
(c) The exact URL or a description of where the alleged infringing material is located;
(d) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
(e) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
(f) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Ministry Streams
Attention: Copyright Agent
Legal Department
Southwick, Massachusetts 01077
E-Mail: Legal@MinistryStreams.com
We seek to preserve any and all exemptions from liability that may be available under the copyright law, but does not necessarily stipulate that it is a service provider as defined in 17 USC section 512c or elsewhere in the law.
13. INDEMNITY.
You shall, at your own expense, defend us, our suppliers, advertisers, broadcasters, content providers and/or affiliates against any third party claim, suit or proceeding ("Third Party Claim") brought against us, our suppliers, advertisers, broadcasters, content providers and/or affiliates which arises out of, results from or is related to any breach by you of these Terms of Service. You shall indemnify and hold us, our suppliers and our affiliates harmless from any damages (including reasonable attorney's fees) resulting from a Third Party Claim.
14. NO WARRANTY.
You acknowledge that the Services and Website are provided "AS IS" and "WITH ALL FAULTS." We, our suppliers, advertisers, broadcasters, content providers and affiliates make no warranty as to the Services, Website and/or their availability and the entire risk (except as provided in Section 15 below) as to the quality and performance of the Services and Website is with you. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, WE, OUR SUPPLIERS, ADVERTISERS, BROADCASTERS, CONTENT PROVIDERS AND AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
15. REMEDIES.
If a defect in the Services or Website prevent you from viewing certain Content that you have paid for, either on a pay-per-view or subscription basis, we will, at our option, either (a) make the Content available for viewing at a later date or (b) refund to you a pro-rated portion of the fees you paid to view such Content. To the maximum extent permitted under applicable law, such repair, replacement or refund is our, our suppliers', advertisers’, broadcasters’, content providers’ and our affiliates’ entire liability and your exclusive remedy, in contract, tort or otherwise, relating to the Services and Website. By using the Website or any account you the account owner agree that Ministry Streams shall not be liable for any damages caused to you (past, present, of future) beyond or above the monthly access fee (for streaming accounts) surrounding the event in which the complaint has been levied, or no greater than the pay per view fee charged for the event in which the complaint has been levied.
16. EXCLUSION OF DAMAGES; LIMITATION ON LIABILITY.
IN NO EVENT SHALL WE, OUR SUPPLIERS, ADVERTISERS, BRODCASTERS, CONTENT PROVIDERS OR AFFILIATES BE LIABLE FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO LOSS OF DATA OR DAMAGES TO YOUR HARDWARE OR SOFTWARE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING SHALL APPLY REGARDLESS OF THE NEGLIGENCE OR OTHER FAULT OF US, OUR SUPPLIERS OR OUR AFFILIATES AND REGARDLESS OF WHETHER SUCH LIABILITY SOUNDS IN CONTRACT, NEGLIGENCE, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
17. PRESENTMENT AND NOTICE
You the user agree by becoming an account user that you agree that the “Terms of Use” agreement shall be construed under the laws of the Commonwealth of Massachusetts, United States Of America. You the user also agree that the courts of Massachusetts shall have exclusive jurisdiction over the Terms of Use and any disputes relating thereto.18. CONSTRUCTION
The Terms of Use agreement are contractual in nature and not a mere recital, and the agreement shall take effect as a sealed document. The Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts.19. AUTHORSHIP
Ministry Streams and You, the account user hereinafter called “The Parties” agree to the following: The Parties hereby respectively acknowledge that each has had the opportunity independently to review this Agreement and the specific language of its provisions with legal counsel. Both parties therefore expressly agree that in the event of an ambiguity or dispute regarding the interpretation of this Agreement, the Agreement will be interpreted as if each party participated equally in its drafting.20. SERVERABILITY
If any provision of this Agreement or any portion of a provision of this Agreement is declared null and void or unenforceable by any court or tribunal having jurisdiction, then such provision or portion of a provision shall be considered separate and apart from the remainder of this Agreement, which shall remain in full force and effect.21. COUNTERPARTS
This Agreement may be executed in two or more counterparts, each of which shall be deemed an original. All parties agree that creating an account binds the user to all aspects of the “Terms of Use.22. GENERAL.
a. No Assignment. The rights granted to you by this Agreement are personal to you and you may not assign or otherwise transfer in any way any of the rights and obligations arising out of these Terms of Service. We may assign these Terms of Service in whole or in part at any time and without notice.b. Governing Law. These Terms of Service shall be governed by the laws of the State of Georgia, without regard to principles of conflicts of laws. You agree that the federal and state courts of Atlanta, Georgia are the sole venues for any disputes related to or arising form these Terms of Service and agree to the jurisdiction of such courts.
c. Severability. If any provision of these Terms of Service is determined by any court of competent jurisdiction to be unenforceable, such provision shall be interpreted to have the broadest application as shall be enforceable. The invalidity or unenforceability of any particular provision of these Terms of Service shall not affect the other provisions hereof, which shall continue in full force and effect.
d. Intellectual Property Notice. The Content and the Website are Copyright © Ministry Streams, LLC and/or its broadcasters and content providers as applicable. All Rights Reserved. Other products and company names mentioned on the Services and the Website may be trademarks of their respective owners. The Website, including without limitation any video, graphics, text or other content displayed on or delivered or broadcast through the Website, may be copied, reproduced, re-distributed or modified, in whole or in part, without the express, written permission of Ministry Streams. To obtain such permission, please contact Ministry Streams at Legal@MinistryStreams.com.
e. Customer Contacts. If you have any questions regarding these Terms of Service, the Services, or the Website, or if you would like to contact us for any other reason, send an email to Support@MinistryStreams.com. Injunctive Relief. Each party agrees that a breach of the license rights granted hereunder and/or the restrictions thereon, or a breach of the confidentiality provisions hereof, may result in irreparable harm and significant injury to the other which may be difficult to ascertain. Accordingly, each party agrees that the other shall be entitled to equitable relief, including, without limitation, an immediate injunction enjoining any further breach, in addition to all other remedies available to such party at law or in equity. You expressly agree that jurisdiction for relief sought under this Section shall reside exclusively in the federal and state courts of Atlanta, Georgia.
f. Arbitration. Any and all claims, grievances, demands, controversies causes of action or disputes of any nature whatsoever (including but not limited to tort and contract claims, and claims upon any law, statute, order or regulation) (hereinafter "Claims"), arising out of, in connection with, or relating to (i) the interpretation, performance or breach of these Terms of Service, or (ii) the arbitrability of any Claims under these Terms of Service shall be resolved by final and binding arbitration before a single arbitrator, on an individual basis. Such arbitration shall be administered in Atlanta, Georgia by the AAA in accordance with its then-existing Commercial Arbitration Rules. Except as provided herein, the Federal Arbitration Act, 9 U.S.C. §§ 1, et seq., shall govern all proceedings hereunder. The arbitrator's award may be enforced in any court of competent jurisdiction and shall include costs and may include reasonable attorneys' fees to the prevailing party, and judgment upon the award may be entered in any court having jurisdiction thereof. YOU EXPRESSLY ACKNOWLEDGE THAT BY ACCEPTING THESE TERMS OF SERVICE, YOU ARE GIVING UP YOUR RIGHT TO A COURT OR JURY TRIAL. Notwithstanding the foregoing, nothing stated herein shall limit either party's right to obtain any provisional remedy, including, without limitation, injunctive or similar relief, from any court of competent jurisdiction as may be necessary to protect such party's rights and interests.
g. Compliance with Laws. You agree to comply with all applicable laws, rules and regulations in connection with your activities under these Terms of Service, including without limitation the applicable regulations of the U.S. Department of Commerce and the United States Export Administration Act, as amended to assure that the Content and the Software are not exported in violation of the United States laws.