Terms of Service
This legal agreement is made between You and Us ("Agreement").
This Agreement applies to all sites that are offering our Internet
Bible listening enjoyment and community-building ("Service").
At this time, the only site offering this service is MyBibleLive.com.
Please read the Agreement carefully before registering for the Service.
By registering for the Service, you become a MyBibleLive.com member
(a "Member"), and you agree to be bound by the terms and
conditions of this Agreement for as long as you continue to be a
Member. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS
AGREEMENT, PLEASE DO NOT REGISTER FOR THE SERVICE. THE TERMS AND
CONDITIONS OF THIS AGREEMENT ARE SUBJECT TO CHANGES MADE BY US AT
ANY TIME, EFFECTIVE UPON NOTICE TO YOU.
In these conditions the following words have the following meanings
unless the context requires otherwise:
"Agreement" means the agreement between You and
Us incorporating these terms and conditions for the provision of
the Service;
We, Us, Our" means MyBibleLive and/or MyBibleLive.com.
"You, Your, Yourself" means the person whose application
for membership of the Service is accepted by Us.
ELIGIBILITY: MINORS MAY NOT BECOME MEMBERS. By becoming
a Member, you represent and warrant that you are at least 18 years
old. By using this Web site, you represent and warrant that you
have the right, authority and capacity to enter into this Agreement
and to abide by the terms and conditions of this Agreement. Your
membership for the Service is for Your sole, personal use. You may
not authorize others to use Your membership, and You may not assign
or otherwise transfer your account to any other person or entity.
REGISTRATION AND SUBSCRIPTION: Although you may register
as a Member of our community services for free, if you wish to use
our streaming Service, you must become a subscriber and pay the
fees that are set out in our price list. This price list is part
of this Agreement. We may change any fees or charges for using the
Service. To become a Member You must register for the Service. When
and if You register to become a Member, You agree to provide accurate,
current and complete information about Yourself as prompted by Our
registration form ("Registration Data"), and to maintain
and update Your information to keep it accurate, current and complete.
You agree that we may rely on Your Registration Data as accurate,
current and complete. You acknowledge that if Your Registration
Data is untrue, inaccurate, not current or incomplete in any respect,
We reserve the right to terminate this Agreement and Your use of
the Service and we shall not refund You unused subscription fees.
TERM AND TERMINATION: This Agreement will remain in full
force and effect while You use the Service and/or are a Member.
You may terminate your membership at any time, for any reason by
following the instructions on the Member Services, or upon receipt
by Us of Your written or email notice of termination. Either You
or Us may terminate your membership by removing your profile at
any time, for any reason, without explanation, effective upon sending
written notice to the other party. Upon such termination by Us,
We shall refund, pro rata, any unused portion of any subscription
payments that have been received from You, provided that in the
event that We determine in our sole discretion that there has been
any breach of this Agreement by You, We shall not be liable to You
for any refund of any unused portion of any subscription payments
and may continue to bar Your use of the Service in the future. Even
after membership is terminated, this Agreement will remain in effect.
PROPRIETARY RIGHTS: You warrant and represent to Us that
the information you post is by You are only YOU. You assign to Us
with full title guarantee all copyright in Your account information.
You waive absolutely any and all moral right to be identified as
author of Your profile and any similar rights in any jurisdiction.
In addition, other Members may post copyrighted information, which
has copyright protection whether or not it is identified as copyrighted.
Except for that information which is in the public domain or for
which You have been given permission, You will not copy, modify,
publish, transmit, distribute, perform, display, or sell any such
proprietary information. By posting information or content to any
of Our public area, You automatically grant, and you represent and
warrant that You have the right to grant, to Us and other Members
an irrevocable, perpetual, non-exclusive, fully-paid, worldwide
license to use, copy, perform, display and distribute such information
and content and to prepare derivative works of, or incorporate into
other works, such information and content, and to grant and authorize
sub-licenses of the foregoing.
YOUR USE OF THE SERVICE: As a Member, You agree that:
1) 1) You are solely responsible for the content or information
you publish (hereinafter, "post") on the Service, or transmit
to other Members. You will not post on the Service, or transmit
to other Members or Employees, any defamatory, inaccurate, abusive,
obscene, profane, offensive, sexually oriented, threatening, harassing,
racially offensive, or illegal material, or any material that infringes
or violates another party's rights (including, but not limited to,
intellectual property rights, and rights of privacy and publicity).
You will use the Service in a manner consistent with any and all
applicable laws and regulations. You will not include in Your profile
any telephone numbers, street addresses, last names, URL's or E-mail
addresses other than where asked for it in the Confidential Personal
Information section. You will not include in Your profile any offensive
anatomical or sexual references, or offensive sexually suggestive
or connotative language, and You will not post any photos containing
nudity or personal information. We reserve the right, but We have
no obligation, to reject any profile or photo that does not comply
with these prohibitions and we shall not refund You unused subscription
fees. You will not engage in advertising to, or solicitation of,
other members to buy or sell any products or services through the
Service. You will not transmit any chain letters or junk E-mail
to other Members. For protection of members against such conduct,
We imposed a 30 message-per-day limit on subscribers. You are solely
responsible for Your interactions with other Members. We reserve
the right, but We have no obligation, to monitor and/or mediate
disputes between You and other Members.
2) E-mail communications sent from Us or through Us are designed
to make your Bible listening experience easy and clear. By becoming
a member You specifically agree to accept and consent to receiving
e-mail communications initiated from Us or through Us these include:
message notification e-mails, e-mails informing you about events
and parties We organize, e-mails informing You of promotions We
run and emails informing You of new and existing features We provide.
Should You not wish to receive any of our e-mail communications
please do not register with Us for the Service or terminate your
Membership with Us.
3) You agree that We have no responsibility or liability for the
deletion, corruption or failure to store any messages or other content
maintained or transmitted by Our Service. You acknowledge that features,
parameters or other services We provide may change at any time.
You acknowledge that We reserve the right to sign out, terminate
or delete your account for being "inactive". "Inactive"
means that you have not signed in to the Service for a particular
period of time, as determined by Us, in our sole discretion. The
amount of time that We currently consider as a "particular"
period of time is 90 days. Therefore, You must login to the Service
at least once every 90 days from the date Your Membership has been
activated or Your profile will be purged from the Service.
4) Our customer service Employees are here to make your Bible listening
experience much more pleasing by providing assistance and guidance
to You. When speaking to Our customer service Employees on the phone,
or communicating with them by any other means, You undertake not
to be abusive, obscene, profane, offensive, sexually oriented, threatening,
harassing or racially offensive. Should any of Our customer service
Employees feel, at any given point, threatened or offended by Your
conduct, we reserve the right to immediately terminate your membership
and You shall not be entitled to any refund of unused subscription
fees.
We are entitled to investigate and terminate Your membership if
You have misused the Service, or behaved in a way which could be
regarded as inappropriate or whose conduct is unlawful or illegal.
The following is a partial list of the type of actions that are
illegal or prohibited under this Agreement:
1) You will not impersonate any person or entity.
2) You will not "stalk" or otherwise harass any person.
3) You will not express or imply that any statements you make are
endorsed by Us, without Our specific prior written consent.
4) You will not use any robot, spider, site search/retrieval application,
or other manual or automatic device or process to retrieve, index,
"data mine", or in any way reproduce or circumvent the
navigational structure or presentation of the Service or its contents.
5) You will not post, distribute or reproduce in any way any copyrighted
material, trademarks, or other proprietary information without obtaining
the prior consent of the owner of such proprietary rights.
6) You will not remove any copyright, trademark or other proprietary
rights notices contained in the Service.
7) You will not interfere with or disrupt the Services or the site
or the servers or networks connected to the Services or the site.
8) You will not post, email or otherwise transmit any material that
contains software viruses or any other computer code, files or programs
designed to interrupt, destroy or limit the functionality of any
computer software or hardware or telecommunications equipment.
9) You will not forge headers or otherwise manipulate identifiers
in order to disguise the origin of any information transmitted through
the Service.
10) You will not "frame" or "mirror" any part
of the Service, without Our prior written authorization. You also
shall not use meta tags or code or other devices containing any
reference to Us or the Service or the site in order to direct any
person to any other web site for any purpose.
11) You will not modify, adapt, sublicense, translate, sell, reverse
engineer, decipher, decompile or otherwise disassemble any portion
of the Service or any software used on or for the Service or cause
others to do so.
INDEMNITY BY MEMBER: You will defend, indemnify, and hold
Us and Our officers, directors, employees, agents and third parties
harmless, for any losses, costs, liabilities and expenses (including
reasonable attorneys' fees) relating to or arising out of Your use
of the Service, including:
(i) Your breach of this Agreement; (ii) any allegation that any
materials that You submit to Us or transmit to the Service infringe
or otherwise violate the copyright, trademark, trade secret or other
intellectual property or other rights of any third party; and/or
(iii) Your activities in connection with the Service. This indemnity
shall be applicable without regard to the negligence of any party,
including any indemnified person.
ONLINE CONTENT: Opinions, advice, statements, offers, or
other information or content made available through the Service,
but not directly by Us, are those of their respective authors, and
should not necessarily be relied upon. Such authors are solely responsible
for such content. WE DO NOT GUARANTEE THE ACCURACY, COMPLETENESS,
OR USEFULNESS OF ANY INFORMATION ON THE SERVICE AND NEITHER WE ADOPT
NOR ENDORSE NOR RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY
OPINION, ADVICE, OR STATEMENT MADE BY PARTIES OTHER THAN US. UNDER
NO CIRCUMSTANCES WILL WE BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING
FROM ANYONE'S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON
THE SERVICE, OR TRANSMITTED TO MEMBERS.
WE RESERVE THE RIGHT, BUT WE HAVE NO OBLIGATION, TO MONITOR THE
MATERIALS POSTED IN THE PUBLIC AREAS OF THE SERVICE. WE SHALL HAVE
THE RIGHT TO REMOVE ANY SUCH MATERIAL THAT IN OUR SOLE OPINION VIOLATES,
OR IS ALLEGED TO VIOLATE, THE LAW OR THIS AGREEMENT. NOTWITHSTANDING
THIS RIGHT, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE
MATERIALS YOU POST IN THE PUBLIC AREAS OF THE SERVICE AND IN YOUR
PRIVATE E-MAIL MESSAGES. E-MAILS SENT BETWEEN YOU AND OTHER MEMBERS
THAT ARE NOT READILY ACCESSIBLE TO THE GENERAL PUBLIC WILL BE TREATED
BY US AS PRIVATE TO THE EXTENT REQUIRED BY APPLICABLE LAW.
INTELLECTUAL PROPERTY: All intellectual property rights
in the Service shall be owned by Us absolutely these include and
are not limited to database rights, copyright, design rights (whether
registered or unregistered), trade marks (whether registered or
unregistered) and other similar rights wherever existing in the
world together with the right to apply for protection of the same.
All other trademarks, logos, service marks, company or product names
set forth in this website are the property of their respective owners.
PRIVACY: The personal information (including sensitive personal
information) You provide to Us will be stored on computers. You
consent to Us using this information to build up a profile of interests,
preferences and browsing patterns and to allow You to participate
in the Service. All Members also agree to uphold and maintain Our
Privacy Policy and to the terms and conditions thereof. If you are
located outside of the United States, please note that the information
that you provide is being sent to the United States. By becoming
a member of the Service, you consent to your data being sent to
the United States and to such other third parties as may be involved
in the provision and operation of the Service. You may read a full
description of our Privacy Policy.
DISCLAIMERS: WE PROVIDE THE SERVICE ON AN "AS IS"
BASIS AND GRANT NO WARRANTIES OF ANY KIND, EXPRESSED, IMPLIED, STATUTORY,
IN ANY COMMUNICATION WITH OUR REPRESENTATIVES, OR US OR OTHERWISE
WITH RESPECT TO THE SERVICE. WE SPECIFICALLY DISCLAIM ANY IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
OR NON-INFRINGEMENT. We do not warrant that Your use of the Service
will be secure, uninterrupted, always available, or error-free,
or will meet your requirements, or that any defects in the Service
will be corrected. WE DISCLAIM LIABILITY FOR, AND NO WARRANTY IS
MADE WITH RESPECT TO, CONNECTIVITY AND AVAILABILITY.
We cannot guarantee that each Member is at least the required minimum
age, nor do we accept responsibility or liability for any content,
communication or other use or access of the Service by persons under
the age of 18 in violation of this Agreement. Also it is possible
that other Members or users (including unauthorized users, or "hackers")
may post or transmit offensive or obscene materials on the Service
and that you may be involuntarily exposed to such offensive and
obscene materials. It also is remotely possible for others to obtain
personal information about You due to Your use of the Service, and
that the recipient may use such information to harass or injure
You. We are not responsible for the use of any personal information
that You disclose on the Service. Please carefully select the type
of information that You post on the Service or release to others.
We disclaim all liability, regardless of the form of action, for
the acts or omissions of other Members or users (including unauthorized
users, or "hackers") of the Service.
IN NO EVENT WILL WE BE LIABLE TO YOU FOR ANY INCIDENTAL, CONSEQUENTIAL,
OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR
LOSS OF DATA, LOSS OF PROGRAMS, COST OF PROCUREMENT OF SUBSTITUTE
SERVICES OR SERVICE INTERRUPTIONS) ARISING OUT OF THE USE OF OR
INABILITY TO USE THE SERVICE, EVEN IF WE OR OUR AGENTS OR REPRESENTATIVES
KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR
TO ANY PERSON OTHER THAN YOU. NOTWITHSTANDING ANYTHING TO THE CONTRARY
CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER,
AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED
TO THE AMOUNT PAID, IF ANY, BY YOU TO US FOR THE SERVICE DURING
THE TERM OF MEMBERSHIP. WE DO NOT SCREEN THE MEMBERS REGISTERING
TO THE SERVICE IN ANY WAY. AS A RESULT, WE WILL NOT BE LIABLE FOR
ANY DAMAGES, DIRECT, INDIRECT, INCIDENTAL AND/OR CONSEQUENTIAL,
ARISING OUT OF THE USE OF THIS SERVICE, INCLUDING, WITHOUT LIMITATION,
TO DAMAGES ARISING OUT OF COMMUNICATING AND/OR MEETING WITH OTHER
MEMBERS OF THIS SERVICE, OR INTRODUCED TO YOU VIA THIS SERVICE.
SUCH DAMAGES INCLUDE, WITHOUT LIMITATION, PHYSICAL DAMAGES, BODILY
INJURY AND OR EMOTIONAL DISTRESS AND DISCOMFORT. FURTHERMORE, WE
ADVISE YOU TO USE THE SERVICE RESPONSIBLY WHEN OPERATING A MOTOR
VEHICLE.
COMPLAINTS: To resolve a complaint regarding the Service,
You should first contact Our Customer Service department by clicking:
Contact Us.
DISPUTE RESOLUTION: This Agreement is governed by the laws
of the State of California without regard to its conflict of law
provisions. You agree to personal jurisdiction by and venue in the
state and federal courts of the State of California, City of Los
Angeles. This Agreement shall not be governed by the United Nations
Convention on Contracts for the International Sale of Goods, the
application of which is hereby expressly excluded.
You certify that You read and that You agree to be bound by the
terms and conditions in this Agreement.
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