Terms & User Agreement
Please read this Agreement carefully. By using the Sites and/or using our Services, you are indicating your acceptance to be bound by this Agreement. If you’re unwilling to be bound this Agreement, do not use these Sites or use the Services. Moreover, Pro Church Media contains various products and services that require additional agreements, including, but not limited to submission of tutorials, courses, artwork, profiles sections, discussion sections, inspiration sections and community groups. These various products and services may include separate, additional agreement(s) that you agree to if you use these products or services. In the event that such an agreement exists, then any differences between this Agreement and the separate agreement shall be interpreted in accordance with the terms of the other agreement, rather than this Agreement. However, to the extent that both or multiple agreements are capable of applying without conflict, they shall be interpreted in harmony with one-another.
Please note that Pro Church Media may revise this Agreement at any time by updating this Agreement on its website. You should visit this page periodically to review this Agreement, as it is binding upon you.
How We Charge You For Content
Our Standard Service is free, but you may purchase Paid Content in single transactions. When you purchase Paid Content in single transactions, your credit card will be immediately charged for the amount of the Paid Content. The total cost of the Paid Content does not include all federal, state and local taxes, GST, fees, customs, duties, levies and other governmental assessments, which if are required in your jurisdiction, you are responsible for paying. Again, all purchase orders for Paid Content are final and cannot be refunded.
Content offered at-will:
Content on the Site is offered at will by the Pro Church Media and respective artists and instructors (hereafter the “Content Provider”), and as such, the Content Provider may take down or cease to offer his or her Content at any time, for any reason. In addition, Pro Church Media reserves the right, in its sole discretion, to remove Content from the Site at any time, for any reason, including violation of third-party intellectual property rights or non-compliance with Pro Church Media’s Terms of Service. Therefore, Content available one day on the Site and through the Service may not be available the following day.
All Sales Final; Downloading and Risk of Loss; Availability of Digital Content:
All sales of Content and Courses are final. We do not accept returns of Content or Courses. Once you have purchased the Content or Course, we encourage you to download it promptly and to make back-up copies of it. If you are unable to complete a download of the Content after having reviewed our online help resources, please contact firstname.lastname@example.org. You bear all risk of loss after purchase and for any loss of Content you have downloaded, including any loss due to a computer or hard drive crash. Again, we may, from time to time, and in our sole discretion, remove Content from the Service without notice to you.
Our Content is protected under copyright law and is embedded with reasonable measures to prevent unauthorized copying and distribution. Content Providers may strictly enforce breach of the copyrights and/or circumvention of security measures. We ask that all users respect Content Providers and their Content by not violating their rights and this Agreement.
Our Services allow users to join courses, discussions, community groups, post comments and critiques, and create a user profile (the “Profile”). Profiles are governed by this Agreement, as well as the user license, which applies to any tutorials, courses, artwork, creative work or any other materials posted on the Site.
You agree that before you may create a Profile, post or critique, you are over the age of 18, will provide accurate and true personal information, including your full name, an active email address, and your city and state.
Intellectual Property Rights
Our Services and Site, including but not limited to text, graphics, images, logos, buttons, icons, software and other materials and the overall “look” and “feel” of the Site, are the sole property of Pro Church Media, and are protected patents, copyrights, trademarks, and service marks of Pro Church Media (the “Pro Church Media IP”). The Content and all other product and service marks are the trademarks and copyrights of their respective owners. Unauthorized use of the Pro Church Media IP may violate copyright, trademark and other laws. You may not reproduce, modify, display, sell, or distribute the Pro Church Media IP except as permitted under Pro Church Media’s User License. This includes copying or adapting the HTML code used to generate Web pages on the Site. Additionally, attempting to decipher, recompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Site or Service is expressly prohibited.
Acceptable Use of the Site
The Site and Services are intended for individuals that are students and for downloading Content. The Site also allows comment posting, critiques, and Profiles.
As one of the conditions of your use of the Site and Service, you represent, warrant and agree that you will not use (or plan, encourage or help others to use) the Site or Services for any purpose or in any manner that is prohibited by this Agreement, Pro Church Media’s License Agreement, or by applicable law. It is your responsibility to ensure that your use of the Site and the Services comply with this Agreement.
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws of your jurisdiction regarding the transmission of technical data exported from the United States or the country in which you reside.
You agree that you will NOT:
- Use the Site or Service if you are under the age of 18.
- Upload, post, email, otherwise transmit, or post links to any Content, or select any member or user name or email address, that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of privacy or publicity rights, hateful, or racially, sexually, ethnically or otherwise objectionable.
- Upload, post, email, otherwise transmit, or post links to any Content that promotes illegal activity, including without limitation the provision of instructions for illegal activity.
- Upload, post, email, otherwise transmit, or post links to any Content that exploits the images of children under 18 years of age, or that discloses personally identifying information belonging to children under 18 years of age.
- Harm minors in any other way.
- Make any sexual request on behalf of a minor or make any sexual request of a minor.
- “Stalk” or otherwise harass another.
- Collect or store personally identifying information about other users for commercial or unlawful purposes.
- Impersonate any person or entity, including, but not limited to, Pro Church Media, Pro Church Media University or any Pro Church Media Company official, employee, consultant, or otherwise, or falsely state or otherwise misrepresent your affiliation with a person or entity.
- Employ misleading email addresses or falsify information in the header, footer, return path, or any part of any communication, including emails, transmitted through the Products and Services.
- Upload, post, email, otherwise transmit, or post links to any Content that you do not have a right to transmit under any law or regulation or under contractual or fiduciary relationships (such as inside information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).
- Upload, post, email, or otherwise transmit, or post links to any Content that facilitates hacking.
- Upload, post, email, otherwise transmit, or post links to any Content that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights of any party, or contributing to inducing or facilitating such infringement. This prohibition shall include, without limitation, the following forms of software piracy:
- Making available copyrighted software or other Content that has had the copyright protection removed.
- Making available serial numbers for software that can be used to illegally validate or register software.
- Making available tools that can be used for no purpose other than for “cracking” software or other copyrighted Content.
- Making available any software files for which the user does not own the copyright or have the legal right to make available.
- Upload, post, email, otherwise transmit, or post links to any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation.
- Upload, post, email, otherwise transmit, or post links to any material that contains software viruses, worms, Trojan horses, time bombs, trap doors or any other computer code, files or programs or repetitive requests for information designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or to diminish the quality of, interfere with the performance of, or impair the functionality of the Site and Services or Pro Church Media.
- Use automated means, including additional computers, software and scripts, to enhance play in Pro Church Media promotions, increase the number of plays of content or videos of any particular artist on Pro Church Media or increase traffic to the Pro Church Media artist site of any particular artist.
- Use automated means, including spiders, robots, crawlers, or the like to download data from any Pro Church Media database.
- Conduct your own contests and promotions.
- Upload, post, email, otherwise transmit, or post links to any Content regarding any raffle, contest or game requiring a fee by participants.
- Incorporate data or Content from our Site or Services into any email or “white pages” products or services, whether browser-based, based on proprietary client-site applications, web-bates or otherwise.
- Sell, distribute, or make any commercial use of the Content.
- Sell, distribute, or make any commercial use of data obtained from any Pro Church Media database or make any other use of data from any Pro Church Media database in a manner which could be expected to offend the person for whom the data is relevant.
- Create and maintain a Pro Church Media artist site that (i) redirects to another web page or (ii) stores or hosts content for remote loading by other web pages. For example, you cannot create a Pro Church Media artist site, post pictures to the Pro Church Media artist site, and have other web pages call the Pro Church Media artist site to retrieve those pictures.
- Engage in any of the following prohibited activities:
(i) copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated “scraping”; (ii) using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Service in a manner that sends more request messages to our servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser.
- Create and maintain a Pro Church Media user profile that contains hyperlinks to content not permitted on Pro Church Media.
- Disrupt the normal flow of dialogue in a discussion or group managed by Pro Church Media, cause a screen to “scroll” faster than other users of the Products and Services are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges.
- Interfere with or disrupt the Site and Services or servers or networks connected to the Products and Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Products and Services.
- Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law.
- Upload, post, email, otherwise transmit, or post links to any material that is false, misleading, or designed to manipulate any equity, security, or other market.
- Disobey any Pro Church Media or Pro Church Media Company employee or representative or interfere with any action by any Pro Church Media or Pro Church Media Company employee or representative to redress any violation of this Agreement.
- Access the Site and Services after your account or access has been terminated by Pro Church Media
- Fail to complete any transaction after submitting an order to purchase any goods or services from individual profiles, subject to the profile’s terms and conditions governing such transactions.
- Submit any order to purchase goods or services from individual profiles where you do not intend to complete the transaction.
- Purchase any Content that you are prohibited from purchasing or possessing by any law applicable to you in your jurisdiction. The responsibility for ensuring compliance with all such laws shall be the user’s alone. By submitting an order to purchase goods or services, you represent and warrant that you have the legal right to purchase such goods or services.
- Use any software deployed in connection with the Services to process data as a service to other entities without the express written consent of Pro Church Media or the party from whom such software may be licensed.
- Decompile, disassemble, modify, translate, adapt, reverse engineer, create derivative works from, or sublicense any software deployed in connection with the Site or Services.
- Upload, post, email, otherwise transmit, or post links to any material, or act in any manner that is offensive to the Pro Church Media community or the spirit of this Agreement.
- Post any mean, discourteous or angry comments, posts, critiques or content.
- Advertise, offer for sale, or sell any of the following items:
- Any firearms, explosives, or weapons.
- Any food that is not packaged or does not comply with all laws governing the sale of food to consumers by commercial merchants.
- Any alcoholic beverages.
- Any tobacco products for human consumption, including, without limitation, cigarettes and cigars.
- Any items that are indecent or obscene, that are hateful or racially, sexually, ethnically or otherwise objectionable, that contain child pornography, that are otherwise pornographic in nature, or are harmful to minors.
- Any controlled substances or pharmaceuticals.
- Any counterfeit or stolen items.
- Any dangerous items.
- Any goods or services that do not, in fact, exist.
- Any registered or unregistered securities.
- Any items that violate or infringe the rights of other parties.
- Any items that you do not have the legal right to sell.
- Any items where paying Pro Church Media any of the required transactional or listing fees would cause Pro Church Media to violate any law.
You acknowledge and agree that Pro Church Media and its designees shall have the right (but not the obligation), in their sole discretion, to refuse to publish, remove, or block access to any Content that is available via the Site and/or Services at any time, for any reason, or for no reason at all, with or without notice. Without limitation Pro Church Media and its designees shall have the right (but not the obligation), in their sole discretion, to refuse to publish, remove, or block access to any Content that violates this Agreement or is otherwise objectionable as determined by Pro Church Media, in its sole discretion. Pro Church Media may also terminate access to, or membership in, Pro Church Media/Pro Church Media University/Thinkific, or any portion thereof, for violating this Agreement. You acknowledge and agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by or obtained through the use of Pro Church Media, including without limitation, information posted on the site(s) or community groups managed by Pro Church Media.
Users are invited to post information and Content to their Profile subject to the following limitations:
By registering on Pro Church Media, you represent and warrant that all registration information you submit is truthful and accurate and that you will maintain the accuracy of such information. You further represent and warrant that you are 18 years of age or older and that your use of Pro Church Media will not violate any applicable law. Your membership is for your sole, personal use, and you will not authorize others to use your account, including your Profile. You are solely responsible for all Content published or displayed through your account, and for your interactions with other Pro Church Media users.
Please choose carefully the information you post on your Profile and that you provide to other members. Your Profile may NOT include the following items:
- Telephone numbers, street addresses, email addresses, or any personal information about yourself or another person or entity.
- Any URLs or advertisements.
- Any photographs containing nudity.
Please read Acceptable Use above for additional terms and conditions regarding your use of Pro Church Media’s Site and Services.
Please note that the information provided by other users in their Profiles may contain inaccurate, inappropriate or offensive material, or products or services for which Pro Church Media assumes no responsibility or liability. By using the Site and Services, you agree that you shall not hold Pro Church Media liable for the Content or Profiles of others.
Pro Church Media reserves the right, in its sole discretion, to reject, refuse to post or remove any Content posted by you, or to restrict, suspend, or terminate your access to all or any part of Pro Church Media at any time, for any or no reason, with or without prior notice, and without liability.
Monitoring & Security
Pro Church Media has no obligation to monitor the Site, or prevent parties not under Pro Church Media’s control from obtaining information about you. You acknowledge and agree that Pro Church Media has the right to monitor the Site electronically from time to time and to disclose any information that Pro Church Media deems necessary to satisfy any law, regulation or other governmental request, to operate the Site properly, or to protect itself or its users, affiliates, partners and contracted parties.
While Pro Church Media takes the security of its Site and Services very seriously, it cannot ensure or guarantee the security of the Site and Services. It is therefore recommended that the Site and Services not be used for the transmission of confidential information. Any such use shall be at your sole risk, and Pro Church Media and its affiliates and related companies shall be relieved of all liability in connection therewith.
To the extent that you voluntarily post information about yourself via your Profile, the post or critique features, you understand that your information is publicly accessible and that Pro Church Media cannot, and will not, monitor or protect such information in any way.
When making purchases or other transactions through the Site or Services, you may also be asked by the Merchant or information or service provider to supply certain information, including credit card or other payment mechanisms. You agree that all information you provide any merchant or information or service provider through the Site will be accurate and complete. You agree to pay all charges incurred by you and/or other users of your account and credit card or other payment mechanisms at the prices in effect when such charges are incurred. You also will be responsible for paying all applicable taxes, if any, relating to purchases on the Site. Pro Church Media is in no way responsible for any charges you or any user of your account incurs when making purchases or other transactions in this manner. Pro Church Media will take reasonable measures to protect the privacy of your credit card information to the extent that the information is processed through the Site. Pro Church Media will only use such information for the purchase of the Services on the Site. We retain sufficient personal information to report to the IRS or other government authority, such as your W9 and 1099’s, and retain such information for at least the minimum statutory period.
Pro Church Media may advertise on the Site, including on all pages of the Site, which may include your Profile, and any page that the Site displays. You understand and agree that we have no obligation to share revenue generated by advertising with you or any user.
Advertising on the site is “as is” and without warranty of any kind. You understand that the advertiser is wholly responsible for the content of any advertisement, and you agree that you will not look to Pro Church Media for any liability related to advertising, including the availability of the products, the truthfulness of the advertisement or the content of the advertisement.
Linking To Pro Church Media
You may link to us from any site that does not contain content that is inconsistent with this Agreement. You may not use Pro Church Media or Pro Church Media University’s images without prior written permission from Pro Church Media.
Users are prohibited from violating or attempting to violate the security of the Site, including, without limitation:
accessing data not intended for such user or logging into a server or account which the user is not authorized to access; attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding”, “mail bombing” or “crashing”; sending unsolicited e-mail, including promotions and/or advertising of products or services; forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
Use of any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any activity being conducted on the Site, or taking any action which imposes an unreasonable or disproportionately large load on the Site’s infrastructure is expressly prohibited.
Violations of these Security Rules may result in civil or criminal liability. CreationSwap® will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
Username and Password
You are responsible for maintaining the confidentiality of your information, username and password. You shall be responsible for all uses of your username and password, whether or not authorized by you. You agree to immediately notify Pro Church Media of any unauthorized use of your information, username or password.
By using the Site and Services you agree to defend, indemnify and hold harmless Pro Church Media from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from this Agreement, your breach of this Agreement, your conduct or your use of the Site and Services.
Release and Limitations of Liability
You further agree to release Pro Church Media from any claims, demands and damages (actual, consequential, direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with this Agreement.
IN NO EVENT SHALL PRO CHURCH MEDIA BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, INCOME, OR DAMAGES RESULTING FROM LOST DATA, INACCURATE INFORMATION, OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR ACCESS TO, OR THE INABILITY TO USE OR ACCESS, SITE, SERVICES AND THE CONTENT AND/OR ANY DOCUMENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT PRO CHURCH MEDIA IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF THIS EXCLUSION OR LIMITATION OF LIABILITY IS HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN PRO CHURCH MEDIA’S MAXIMUM LIABILITY FOR ANY TYPE OF DAMAGES SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR THE SERVICES PROVIDED HEREUNDER.
By entering into this Agreement you acknowledge that Pro Church Media is simply providing the Site and Services for free, or at times for a fee, and that it makes no warranties of any kind relating to the Site and Services, any data or Content on the Site, any data or Content available through the Services, and documents or products on the Site.
Furthermore, nothing on the Site or Services shall be considered an endorsement, representation, assumption of responsibility or warranty with respect to any third party, whether in regards to their web site, products, technologies, services, business practices or otherwise.
PRO CHURCH MEDIA DOES NOT WARRANT THAT ITS SITE OR SERVICES WILL OPERATE ERROR-FREE OR THAT THE SITE OR ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE SITE, SERVICES OR THE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, PRO CHURCH MEDIA IS NOT RESPONSIBLE FOR THOSE COSTS.
YOU ASSUME FULL RESPONSIBILITY AND RISK FOR USE OF THE SITE, SERVICES AND THE INTERNET IN GENERAL. THE SITE, SERVICES AND CONTENT ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. PRO CHURCH MEDIA, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. PRO CHURCH MEDIA MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE SITE, CONTENT, SERVICES, SOFTWARE, TEXT, GRAPHICS AND LINKS.
Limitation of Actions
You acknowledge and agree that, regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of, or relating to, your use of Pro Church Media or the Site or Services must be filed within one (1) year after such claim or cause of action arises, or forever be barred.
Communications From Pro Church Media
You agree that we may communicate with you even if you are not subscribed to a regular mailing. We may feel that it is necessary to communicate with you about the Site, the Services or this Agreement, and the occasional receipt of email, direct message, mail, telephone calls or any other form of communication is not considered spam, or unsolicited communication.
Communications to Pro Church Media
You may contact us at: email@example.com
If you contact us you agree that if you have ideas regarding improvements or additions to us, we would like to hear them — but any submission will be subject to this Agreement.
UNDER NO CIRCUMSTANCES SHALL ANY DISCLOSURE OF ANY IDEA OR RELATED MATERIALS TO PRO CHURCH MEDIA BE SUBJECT TO ANY OBLIGATION OF CONFIDENTIALITY OR EXPECTATION OF COMPENSATION. BY SUBMITTING THE IDEA AND/OR ANY RELATED MATERIAL TO PRO CHURCH MEDIA, YOU ARE WAIVING ANY AND ALL RIGHTS THAT YOU MAY HAVE IN THE IDEA OR ANY RELATED MATERIALS AND ARE REPRESENTING AND WARRANTING TO PRO CHURCH MEDIA THAT THE IDEA AND/OR RELATED MATERIALS ARE WHOLLY ORIGINAL WITH YOU, THAT NO ONE ELSE HAS ANY RIGHTS IN THE IDEA AND/OR MATERIALS AND THAT PRO CHURCH MEDIA IS FREE TO IMPLEMENT THE IDEA AND TO USE THE MATERIALS IF IT SO DESIRES, AS PROVIDED OR AS MODIFIED BY PRO CHURCH MEDIA, WITHOUT OBTAINING PERMISSION OR LICENSE FROM ANY THIRD PARTY.
Pro Church Media makes no claims that the Content, Site and Services are appropriate or legal to be viewed by certain persons or in certain countries. If you access the Site or Services from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term.
You understand and agree that due to the nature of this Agreement, in addition to money damages, Pro Church Media will be entitled to equitable relief upon a breach of this Agreement by you.
This Agreement is governed by the laws of the State of Kansas without respect to its conflict of laws principles. Jurisdiction for any claims arising under this Agreement shall lie exclusively with the state or federal courts in Johnson County, Kansas.
Except as expressly provided in a particular Legal Notice, Software License or other notices or Content published on the Site, these terms represent the entire binding Agreement between us, and our respective successors and assigns, and supersede any and all prior understanding, statements or representations, whether electronic, oral or written, regarding Pro Church Media, the Site, or Services.
Pro Church Media may change the terms of this Agreement from time to time, and we recommend that you check these terms at least four times per year to verify any changes that may have taken place as the site changes, as well as the laws related to businesses like Pro Church Media. You agree that your ongoing use is an agreement to the terms and conditions in effect as of the latest time that you have used the Pro Church Media Site or Services.
You hereby agree that a printed version of this Agreement and of any other notice given in electronic form by Pro Church Media or in the Site, which is based upon or relating to this Agreement, shall be admissible in judicial or administrative proceedings and subject to the same conditions as other agreements, business documents or records originally generated, entered into, signed or maintained in printed form.
This license agreement (“Agreement”) is a legally binding agreement between Pro Church Media, which is owned and operated by “Jason and Megan Watson Design LLC” which is a Kansas limited liability company (“Pro Church Media”, “We” or “Us”) and users of Pro Church Media’s Sites and Services (defined below).
- Pro Church Media offers a means to connect owners of content (such as tutorials, courses, artwork, graphics, movies, slides, films, audio content, music, and designs) with consumers of this content (the “Services”).
- Pro Church Media allows owners (“Content Providers”) of courses, tutorials, videos, designs, illustrations, images, animations, movies, photographs, drawings, and other media (“Content”) to post the content on websites owned by Pro Church Media and our affiliates and partners (the “Sites”).
- Pro Church Media allows users of Content (collectively, “Users”) to use the Content under certain terms and conditions.
- Content Providers who upload Content must own the rights that they grant to Pro Church Media, and give Pro Church Media permission to allow the Users to use the Content in the various ways permitted in this Agreement.
This Agreement applies to all users of the Sites and Services, including Content Providers and Users.
Content Providing Users
Pro Church Media will pay the Content Provider the prevailing payout based on the payout schedule set by Pro Church Media and the Content Provider.
Grant of License
Content Providers hereby grant to Pro Church Media a perpetual, non-exclusive, non-transferable worldwide license to use their Content for the Permitted Uses (as defined below), and to grant to our Users the same rights to use the Content for the Permitted Uses pursuant to the terms of this Agreement.
Derivative Work Ownership and Registration
Content Providers who upload Content to Sites and use the Services hereby grant Pro Church Media the right to encode the Content in any manner seen fit by Pro Church Media, and for Pro Church Media to register, in its own name, the re-encoded Content as a derivative work which is owned by Pro Church Media.
Content Provider Warranties
If You are a Content Provider, You warrant that You own all right, title and interest in and to the Content and are entitled to grant the rights to Pro Church Media as set forth in this Agreement, and that such grant of rights to Pro Church Media is not in violation of any agreement with any third-party, nor in violation of any law of any jurisdiction.
If You are a User, we hereby grant to you a perpetual, non-exclusive, non-transferable worldwide license to use the Content for the Permitted Uses (as defined below). Unless the activity or use is a Permitted Use, a User cannot do it. All other rights in and to the Content, including, without limitation, all copyright and other intellectual property rights relating to the Content, are retained by Pro Church Media or the Content Provider, as the case may be.
Users may only use the Content for those advertising, promotional and other specified purposes that are Permitted Uses (as defined below). For clarity, Users may not use the Content in products for resale, license or other distribution, unless (i) the proposed use is allowable under an Extended License if it is available for the Content, and the User has paid for such Extended License; or (ii) if the proposed use is allowable under the Exclusive License, and the User has paid for such Exclusive License.
Only the User who registers for a Course or downloads the Content is permitted to use the Content. A User may install and use the Content in only one location at a time, although (subject to the Prohibited Uses and the other terms of this Agreement) the User is entitled to utilize the Permitted Uses an unlimited number of times. A User may physically transfer the Content and its archives from one location to another, in which case a User may use the Content at the new location. If a User requires the Content to be in more than one location or accessible by more than one person, the User must download the Content from the Site for each such use. A User may make one (1) copy of the Content solely for back-up purposes, and must reproduce all proprietary notices on this single back-up copy.
General Terms and Conditions of Use of the Site for All Users
Pro Church Media may terminate this Agreement at any time and reissue a new or amended license provided that such new or amended license will not materially impair any previously granted licenses for previously purchased Content. Any new or amended license will become in full force for all Content beginning on the date that the new or amended license is posted to the Site.
If Content is alleged to violate any third-party rights, Pro Church Media may immediately remove the Content, terminate all rights granted to any user for such Content, and request that any user cease use of the Content. In the event that the user is requested to cease use, the fees, if any, paid by the user for the Content will be refunded or you will receive replacement Content at no charge, at the discretion of Pro Church Media. If We are notified or you have or obtain knowledge of any claim of potential or actual infringement, you must immediately and at your own expense (i) stop using the Content; (ii) delete or remove the Content from your premises, computer systems and storage (electronic or physical); and (iii) ensure that your clients, printers or ISPs do likewise.
Representations and Warranties:
OTHER THAN AS EXPRESSLY PROVIDED IN THIS AGREEMENT THE CONTENT IS PROVIDED “AS IS” WITHOUT REPESENTATION, WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. PRO CHURCH MEDIA DOES NOT REPRESENT OR WARRANT THAT THE CONTENT WILL MEET YOUR REQUIREMENTS OR THAT ITS USE WILL BE UNINTERRUPTED OR ERROR FREE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE CONTENT IS WITH YOU. SHOULD THE CONTENT PROVE DEFECTIVE, YOU (AND NOT PRO CHURCH MEDIA) ASSUME THE ENTIRE RISK AND COST OF ALL NECESSARY CORRECTIONS.
Certain jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. You have specific rights under this warranty, but you may have others, which vary from jurisdiction to jurisdiction.
Indemnification of Users
Pro Church Media requires that the Content Providers, indemnify and hold the Users harmless on the following terms:
- Provided that the Content is only used in accordance with this Agreement and you, the User, are not otherwise in breach of this Agreement or Pro Church Media’s Terms and Conditions, and as your sole and exclusive remedy for breach of the representations and warranties set forth above, Content Providers shall defend, indemnify and hold harmless you, your parents, subsidiaries and affiliates and respective directors, officers and employees from all damages, liabilities and expenses (including reasonable outside legal fees), arising out of or connected with any actual or threatened lawsuit, claim or legal proceeding alleging that the possession, distribution or use of the Content by you is in breach of the representations and warranties set forth in above.
- The indemnification set out in above is conditioned on your prompt notification in writing to Pro Church Media of such claim and our right to assume the handling, settlement or defense of any claim or litigation. Pro Church Media will notify the Content Provider, and that You, the User, agree to cooperate with Pro Church Media and the Content Provider in the defense of any such claim or litigation and shall have the right to participate in such litigation at your sole expense. The Content Provider shall not be liable for legal fees and other costs incurred prior to the notice of the claim.
- IN NO EVENT SHALL PRO CHURCH MEDIA OR ANY OF ITS AFFILIATES OR CONTENT PROVIDERS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, PARTNERS OR AGENTS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING DAMAGES FOR LOSS OF PROFITS, INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) IN CONNECTION WITH ANY CLAIM, LOSS, DAMAGE, ACTION, SUIT OR OTHER PROCEEDING ARISING UNDER OR OUT OF THIS AGREEMENT, INCLUDING WITHOUT LIMITATION YOUR USE OF, RELIANCE UPON, ACCESS TO, OR EXPLOITATION OF THE CONTENT, OR ANY PART THEREOF, OR ANY RIGHTS GRANTED TO YOU HEREUNDER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER THE ACTION IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHERWISE. NO ACTION, REGARDLESS OF FORM OR NATURE, ARISING OUT OF THIS AGREEMENT MAY BE BROUGHT BY OR ON BEHALF OF YOU MORE THAN TWO (2) YEARS AFTER THE CAUSE OF ACTION FIRST AROSE.
- NOTWITHSTANDING ANY OTHER TERM HEREIN, PRO CHURCH MEDIA SHALL NOT BE LIABLE FOR ANY DAMAGES, COSTS OR LOSSES ARISING AS A RESULT OF MODIFICATIONS MADE TO THE CONTENT BY YOU OR THE CONTEXT IN WHICH THE CONTENT IS USED BY YOU.
- NOTWITHSTANDING ANYTHING ELSE IN THIS AGREEMENT, THE TOTAL MAXIMUM AGGREGATE LIABILITY OF PRO CHURCH MEDIA UNDER THIS AGREEMENT AND ANY OTHER AGREEMENT UNDER WHICH YOU HAVE LICENSED THE SAME CONTENT, REGARDLESS OF THE FILE SIZE, OR THE USE OR EXPLOITATION OF ANY OR ALL OF THE CONTENT IN ANY MANNER WHATSOEVER AND THE OBLIGATION OF PRO CHURCH MEDIA UNDER THIS AGREEMENT SHALL BE LIMITED TO AN AGGREGATE OF TEN THOUSAND ($10,000) US DOLLARS. FOR GREATER CLARITY, PRO CHURCH MEDIA’S LIABILITY TO YOU IN RESPECT OF THE CONTENT SHALL NOT EXCEED TEN THOUSAND ($10,000) US DOLLARS REGARDLESS OF THE NUMBER OF TIMES THAT YOU LICENSE THE SAME CONTENT FROM PRO CHURCH MEDIA.
- SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Indemnification of Pro Church Media
Users and Content Providers (referred to in this paragraph as “You”) agree to indemnify, defend and hold Pro Church Media, its affiliates, its Content Providers and their respective directors, officers, employees, shareholders, partners and agents (collectively, the “Pro Church Media Parties”) harmless from and against any and all claims, liability, losses, damages, costs and expenses (including reasonable legal fees on a solicitor and client basis) incurred by any Pro Church Media Party as a result of or in connection with any breach or alleged breach by you or anyone acting on your behalf of any of the terms of this Agreement or Pro Church Media’s Terms and Conditions.
DMCA Take Down Notice Procedures
In the event that a third-party claims copyright or trademark infringement of any kind, Pro Church Media abides by the federal Digital Millennium Copyright Act (“DMCA”). If you believe that Content is your proprietary work and has been copied in a way that constitutes an infringement of your copyrights or other intellectual property in that work, please immediately notify us of any such copyright or other intellectual property rights infringement. Similarly, if you disagree that your Content constitutes an infringement, you may send a counter-notification. In either case, your written notice should be sent to our designated agent as follows:
Copyright infringement Notification
To file a copyright infringement notification, please send us written communication that includes substantially the following (please consult your legal counsel or see Section 512(c)(3) of the Copyright Act to confirm these requirements). To expedite our ability to process your request, please use the following format:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online website are covered by a single notification, a representative list of such works at that website.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
- Information reasonably sufficient to permit the service provider 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.
- 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.
- 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.
If you disagree that your Content is an infringement of another’s work, you may elect to send us a counter notice. To be effective your counter notice must be a written communication provided to our designated agent that includes substantially the following (please consult your legal counsel or see Section 512(g)(3) of the Copyright Act to confirm these requirements). To expedite our ability to process your request, please use the following format:
- A physical or electronic signature of the subscriber.
- 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.
- A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
- The subscriber’s name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber’s address is outside of the United States, for any judicial district in which the service provider may be found, and that the subscriber will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.
Please also note that under the DMCA, any person who knowingly materially misrepresents that material or activity is infringing or was removed or disabled by mistake or misidentification may be subject to liability. Before sending either a copyright infringement notification or counter-notification, you may wish to contact a lawyer to better understand your rights and obligations under the DMCA and other applicable laws. The following notice requirements are intended to comply with our rights and obligations under the DMCA and do not constitute legal advice. Where applicable, we will comply with the procedures outlined in the DMCA.
- You specifically agree and acknowledge that you have, in addition to the terms of this Agreement, reviewed Pro Church Media’s Terms of Service and any other agreements which may be incorporated by reference therein, and to the extent of their incorporation in this Agreement you agree to be bound by them.
- Pro Church Media’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right.
- This Agreement is personal to you and is not assignable by you without Pro Church Media’s prior written consent. Pro Church Media may assign this Agreement without your consent to any other party so long as such party agrees to be bound by its terms.
- If all or part of any provision of this Agreement is wholly or partially unenforceable, the parties or, in the event the parties are unable to agree, a court of competent jurisdiction, shall put in place of such whole or part provision an enforceable provision or provisions, that as nearly as possible reflects the terms of the unenforceable whole or part provision.
- You agree to pay and be responsible for any and all sales taxes, use taxes, value added taxes and duties imposed by any jurisdiction as a result of the license granted to you, or of your use of the Content, pursuant to this Agreement.
- Any and all disputes arising out of, under or in connection with this Agreement, including without limitation, its validity, interpretation, performance and breach, shall be finally settled under the laws of the state of Kansas, Venue shall be Johnson County, Kansas, USA. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. You consent to service of any required notice or process upon you by registered mail or overnight courier with proof of delivery notice, addressed to the address or contact information provided by you at the time the Content was downloaded, or such other address as you may advise us in writing to use, from time to time.
If you have concerns relating to this Agreement, please contact us online here: firstname.lastname@example.org
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND HAD AN OPPORTUNITY TO SEEK INDEPENDENT LEGAL ADVICE PRIOR TO AGREEING TO IT. IN CONSIDERATION OF PRO CHURCH MEDIA AGREEING TO PROVIDE THE CONTENT, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND PRO CHURCH MEDIA, WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATION BETWEEN YOU AND PRO CHURCH MEDIA RELATING TO THE SUBJECT OF THIS AGREEMENT.
By using the Sites and/or Services, you acknowledge your understanding and acceptance the terms of this Agreement, and agree to be bound by the provisions of this Agreement. If you do not agree to this Agreement, please do not use the Sites and/or Services.
If you are accepting on behalf of your employer or the entity that is the member account holder, you represent and warrant that you have full legal authority to bind your employer or such other entity. If you do not have such authority or you do not accept or agree with these terms, do not accept the Agreement and do not use the Site or Services.