|AGREEMENT BETWEEN USER AND CHRISTIAN.COM MEDIA GROUP,
The network of Web Sites (collectively, the "CMG
Web Sites") operated by Christian.com Media Group, Inc., or its affiliates or subsidiaries
("CMG" or "Christian.com Media Group"), is comprised of various Web sites and Web pages. The CMG Web Sites are offered
to you conditioned on your acceptance without modification of the terms,
conditions, and notices contained herein. Your use of the CMG Web Sites
constitutes your agreement to all such terms, conditions, and notices.
Your use of a particular CMG website included within the CMG Web Sites
network may also be subject to additional terms outlined elsewhere
on that website (the "Additional Terms"). Additionally, the CMG Web Sites may themselves contain additional terms that
govern particular features or offers (for example, e-mail services
or chat areas). In the event that any of the terms, conditions, and
notices contained herein conflict with the Additional Terms or other
terms and guidelines contained within any particular CMG website, then
these terms shall control.
BEFORE USING THIS WEB SITE (this "Site").
conditions and all applicable laws. If you do not agree to these
terms you may not use this Site.
CMG reserves the right to change the terms, conditions, and notices
under which the CMG Web Sites are offered, including but not limited
to the charges associated with the use of the CMG Web Sites. You
are responsible for regularly reviewing these terms and conditions.
USE OF SITE. PERSONAL AND NON-COMMERCIAL USE LIMITATION.
Unless otherwise specified, the CMG Web Sites are for your personal
and noncommercial use. You may not modify, copy, distribute, transmit,
display, perform, reproduce, publish, license, create derivative
works from, transfer, or sell any information, software, products
or services obtained from the CMG Web Sites.
You may display and, subject to any expressly stated restrictions
or limitations relating to specific material, electronically copy,
download and print hard copy portions of the material from the different
areas of the Site solely for your own noncommercial use, or to place
an order with CMG or to purchase CMG products. Any other use of materials
on this Site, including but not limited to the modification, reproduction,
distribution, republication, display or transmission of the content
of this Site, without prior written permission of CMG is strictly
Harassment in any manner or form on the Site or any
of the CMG Websites, including via e-mail and chat or by obscene
or abusive language is strictly forbidden. Impersonation of others,
including a CMG employee, host, or representative or other members
or visitors on the Site is prohibited. You may not upload to, distribute,
or otherwise publish through the Site any content which is libelous,
defamatory, obscene, threatening, invasive of privacy or publicity
rights, abusive, illegal, or otherwise objectionable, or which may
constitute or encourage a criminal offense, violate the rights of
any party or otherwise give rise to liability or violate any law.
You may not upload commercial content on the Site or use the Site
to solicit others to join or become members of any other commercial
COPYRIGHTS AND TRADEMARKS.
The entire content included in this Site, including but not limited
to text, design, graphics, interfaces, or code and the selection
and arrangements thereof is copyrighted as a collective work under
the United States and other copyright laws, and is the property of
CMG. The collective work includes works that are licensed to CMG.
Copyright 2003. ALL RIGHTS RESERVED. All trademarks, service marks,
and trade names (collectively the "Marks")
are trademarks or registered trademarks of and are proprietary to
Christian.com Media Group, or other respective owners as noted througout
the CMG Web Sites.
The following are trademarks of Christian.com Media Group, Inc.:
Church Photo Tour
Church Video Tour
"Search, Connect, Share and Grow" (Christian.com Mission Statement)
ChurchFoyer and ChurchFoyer.com
Try Jesus Gear
Try Jesus Outreach
Ask the Bible
Christian Web Network
SonTees and SonTees.com
SermonCast and SermonCast.com
FaithItUp and FaithitUp.com
MyFaith and MyFaith.com
zFaith and zFaith.com
zBible and zBible.com
Trademarks used on CMG Web Sites are the properties
of the respective owners. These include, but are not limited to:
Google and Google Safe Search, © 2008 Google.
In the event a CMG product or service is listed at an incorrect price
due to typographical error or error in pricing information received
from our suppliers, CMG shall have the right to refuse or cancel
any orders placed for product or service listed at the incorrect
price. CMG shall have the right to refuse or cancel any such orders
whether or not the order has been confirmed and your credit card
charged. If your credit card has already been charged for the purchase
and your order is canceled, CMG shall issue a credit to your credit
card account in the amount of the incorrect price.
These terms and conditions are applicable to you upon your accessing
the Site and/or completing the registration or shopping process.
These terms and conditions, or any of them, may be modified or
terminated by CMG without notice at any time for any reason. The
provisions relating to Copyrights and Trademarks, Disclaimer, Claims,
Limitation of Liability, Indemnification, Applicable Laws, Arbitration
and General, shall survive any termination.
CMG does not and cannot review all communications and materials posted
to or created by users accessing the Site and is not in any manner
responsible for the content of these communications and materials.
You acknowledge that by providing you with the ability to view
and distribute user generated content on the Site, CMG is merely
acting as a passive conduit for such distribution and is not undertaking
any obligation or liability relating to any contents or activities
on the Site. However, CMG reserves the right to block or remove
communications or materials that it determines to be (a) abusive,
defamatory, or obscene, (b) fraudulent, deceptive, or misleading,
(c) in violation of a copyright, trademark or; other intellectual
property right of another or (d) violates any law or regulation
or (e) offensive or otherwise unacceptable to CMG at its sole discretion.
Note that any personally identifiable information you may post
or transmit will be treated by CMG in accordance with CMG's Privacy
Except for any personally identifiable information we may collect
from you under the guidelines established in our Privacy Statement,
any material, information or other communication you transmit,
upload or post to this Site ("Communications")will
be considered non-confidential and non-proprietary. CMG will have
no obligations with respect to the Communications. CMG and its
designees will be free to copy, disclose, distribute, incorporate
and otherwise use the Communications and all data, images, sounds,
text, and other things embodied therein for any and all commercial
or noncommercial purposes.
USER CHAT ROOMS.
CMG may, but is not obligated to, monitor or review any areas on
the Site where users transmit or post Communications or communicate
solely with each other, including but not limited to chat rooms,
bulletin boards or other user forums, and the content of any such
Communications. CMG, however, will have no liability related to
the content of any such Communications, whether or not arising
under the laws of copyright, trademarks, libel, privacy, obscenity,
In an attempt to provide increased value to our visitors, this Site
may contain links to other sites on the Internet that are owned and
operated by third party vendors and other third parties (the "External
Sites"). However, even if the third party is affiliated with CMG, CMG has no control
over these linked sites, all of which have separate privacy and data
collection practices, independent of CMG. CMG has no responsibility
or liability for these independent policies or actions and is not
responsible for the privacy practices or the content of such web
sites. These linked sites are only for your convenience and therefore
you access them at your own risk. Links do not imply that CMG sponsors,
endorses, is affiliated with or associated with, or has been legally
authorized to use any trademark, trade name, service mark, design,
logo, symbol or other copyrighted materials displayed on or accessible
through such External Sites. Nonetheless, CMG seeks to protect the
integrity of its Site and the links placed upon it and therefore
requests any feedback on not only its own Site, but for sites it
links to as well (including if a specific link does not work).You
should contact the Site administrator or Webmaster for those External Sites if you have any concerns regarding such links or the content located
on such External Sites.
Each claim or statement about the effectiveness of CMG products and/or
each claim or statement comparing the effectiveness of CMG products
to the effectiveness of other products is expressly limited to
the United States, unless otherwise disclosed on the Site.
CMG makes no warranties or representations about the accuracy or
completeness of this Site's content or the content of any site
or External Sites.
CMG does not filter advertisements or other content that children
may view through our sites or "hot-linked" sites,
and they could receive content and materials from the Internet and/or
advertising that are inappropriate for children. We encourage parents
and guardians to spend time online with their children and to consider
using an electronic filtering software.
THIS SITE AND THE MATERIALS, INFORMATION, SERVICES, AND PRODUCTS
IN THIS SITE, INCLUDING, WITHOUT LIMITATION, TEXT, GRAPHICS, AND
LINKS, ARE PROVIDED "AS
IS" AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST
EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, CMG DISCLAIMS ALL
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND WARRANTIES
ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. CMG DOES
NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE
WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED,
OR THAT THIS SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE
FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CMG DOES NOT MAKE
ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS
IN THIS SITE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY,
ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. THE
ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY.
IN NO EVENT SHALL CMG BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL,
PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL, DAMAGES, OR ANY
DAMAGES WHATSOEVER, EVEN IF CMG HAS BEEN PREVIOUSLY ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT,
NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION
WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION,
SERVICES, PRODUCTS, AND MATERIALS AVAILABLE FROM THIS SITE. THESE
LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL
PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT
ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE
EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You agree to indemnify, defend, and hold harmless CMG, its officers,
directors, employees, agents, licensors and suppliers (collectively
from and against all losses, expenses, damages and costs, including
reasonable attorneys' fees, resulting from any violation of these
terms and conditions or any activity related to your Internet account
(including negligent or wrongful conduct), by you or any other
person accessing the Site using your Internet account.
Your use of this Site shall be governed in all respects by the laws
of the state of Texas, U.S.A., without regard to choice of law provisions,
and not by the 1980 U.N. Convention on contracts for the international
sale of goods. You agree that jurisdiction over and venue in any
legal proceeding directly or indirectly arising out of or relating
to this Site (including but not limited to the purchase of CMG products)
shall be in the state or federal courts located in Collin County,
Texas. Any cause of action or claim you may have with respect to
the Site (including but not limited to the purchase of CMG products)
must be commenced within one (1) year after the claim or cause of
action arises. CMG's failure to insist upon or enforce strict performance
of any provision of these terms and conditions shall not be construed
as a waiver of any provision or right. Neither the course of conduct
between the parties nor trade practice shall act to modify any of
these terms and conditions. CMG may assign its rights and duties
under this Agreement to any party at any time without notice to you.
CMG makes no representation that materials in the Site are appropriate
or available for use in other locations, and access to them from
territories where their content is illegal is prohibited. Those who
choose to access this Site from locations outside Texas do so on
their own initiative and are responsible for compliance with applicable
local laws. You may not use or export the materials in violation
of U.S. export laws and regulations. Any claim relating to the materials
shall be governed by the internal substantive laws of the State of
By using this Site, you agree that CMG, at its sole discretion, may
require you to submit any disputes arising from the use of this Site,
or these Terms and Conditions concerning or, including disputes arising
from or concerning their interpretation, violation, nullity, invalidity,
non-performance or termination, as well as disputes about filling
gaps in this contract or its adaptation to newly arisen circumstances,
to final and binding arbitration under the International Rules of
Arbitration of the American Arbitration Association, by one or more
arbitrators appointed in accordance with the said Rules. Notwithstanding
these rules, however, such proceeding shall be governed by the laws
of the state as set forth in the previous section.
Any award in an arbitration initiated under this clause shall be
limited to monetary damages and shall include no injunction or direction
to any party other than the direction to pay a monetary amount. Further,
the arbitrator(s) shall have no authority to award punitive, consequential
or other damages not measured by the prevailing party's actual damages
in any arbitration initiated under this section, except as may be
required by statute.
CMG may revise these Terms at any time by updating this posting.
You should visit this page from time to time to review the then-current
Terms because they are binding on you. Certain provisions of these
Terms may be superseded by expressly designated legal notices or
terms located on particular pages at this Site.
Copyright 2008-2009, Christian.com Media Group, Inc.
Last updated 1/30/09