(effective March 1, 2020)
THIS IS AN AGREEMENT BETWEEN YOU (THE PURCHASER) AND THROUGH THE BIBLE PUBLISHERS, INC. (DBA “DISCIPLELAND”, “WE”, “OUR” OR “US”). PLEASE READ THESE TERMS OF USE, INCLUDING ALL RULES AND POLICIES RELATED TO MEDIA DOWNLOADS OFFERED BY US (INCLUDING, BUT NOT LIMITED TO, ANY PRODUCT-SPECIFIC RULES OR USAGE PROVISIONS SPECIFIED ON ANY PRODUCT DETAIL PAGE, IN ANY LINK FROM SUCH A PAGE, OR ON ANY HELP OR OTHER INFORMATIONAL PAGE FOR THIS SERVICE), HTTP:WWW.DISCIPLELAND.COM/PRIVACY-POLICY AND HTTP:WWW.DISCIPELAND.COM/TERMS (COLLECTIVELY, THE “AGREEMENT”). YOU ACCEPT AND AGREE TO THE TERMS OF THIS AGREEMENT BY CLICKING “SUBSCRIBE”, “WATCH NOW”, “DOWNLOAD”, “BUY”, OR THEIR EQUIVALENT ON THE DISCIPLELAND.COM DOWNLOAD OFFER PAGE.
THE SERVICE
The DISCIPLELAND UNLIMITED Download service (the “Service”) offers digitized versions of DISCIPLELAND curriculum, training, events and other audio or video content (collectively, “Digital Content”) and other services under certain terms and conditions as set forth in this Agreement.
Terms of Service: License
DiscipleLand's Content downloads include but are not limited to electronic books, written works, music recordings, audio recordings, video recordings, artwork, and photographs (individually or collectively referred to as the "Content").
You are required to enter into a customer license with DiscipleLand which explains the policies we promise to observe and the usage rules we require you to observe while using our services and Content.
These Terms of Service are a legal agreement ("the Agreement") between you and DiscipleLand stating the terms that govern your use of the Content. Please read the entire Agreement carefully. You must accept and abide by the terms of the Agreement as presented in order to use the service and Content.
IF YOU ARE UNDER THE AGE OF 18, OR DO NOT AGREE TO ANY OF THESE TERMS, DO NOT DOWNLOAD CONTENT UNLESS YOU HAVE YOUR PARENT'S OR GUARDIAN'S CONSENT.
"Content" means the copyrighted material available for license and download from DiscipleLand's website(s) including but not limited to all of the contents of the files or other media with which this Agreement is provided, and related explanatory written materials or files ("Documentation").
"Use" or "Using" means to access, install, download, read, copy, print, or otherwise benefit from using the Content.
1. Intellectual Property Rights
The Content and trademarks of the Content are owned by or licensed to DiscipleLand, subject to copyright and other intellectual property laws. The DiscipleLand Content is provided to you AS IS for your personal use and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise used for any other purposes without the prior written consent of DiscipleLand. If you download or print a copy of any Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable, or otherwise interfere with security-related features of the Content or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Content. DISCIPLELAND grants you a non-exclusive, non-transferable, non-sublicensable, limited right and license, during the applicable period, to access, view, use and display the Digital Content in accordance with the Usage Rules, for Non-Commercial, Private Use.
2. Purchase of Content
a. You acknowledge that your use of the Content may require the use of other hardware and software products and that such hardware and software is your responsibility. Once Content is purchased and you successfully download the Content, it is your responsibility not to lose, destroy, or damage the Content, and DiscipleLand shall be without liability to you in the event of any loss, destruction, or damage.
b. You acknowledge that your access to content is based on a subscription model, and that an ACTIVE SUBSCRIPTION is contingent on a successful payment for the subscription period. Failure to pay will result in an INACTIVE or CANCELED SUBSCRIPTION.
c. You acknowledge that the SUBSCRIPTION TIER you choose is an accurate reflection of the size and scope of your ministry. We reserve the right to suspend subscriptions upon discovery that the chosen tier does not match the ministry size and scope.
d. You acknowledge that your SUBSCRIPTION will automatically renew at the end of the current subscription billing cycle, unless you cancel before the end of said cycle. You may cancel by web account or by writing DiscipleLand directly. Cancelations made after the current billing cycle may only be refunded at DiscipleLand’s sole discretion.
e. You acknowledge that the Content may contain security technology that limits your usage of Content to the Usage Rules contained in this Agreement, and, whether or not the Content is limited by security technology, you agree to use the Content in compliance with the Usage Rules.
3. All Downloads and Sales Final
All downloads and/or purchases of Digital Content are final. We do not accept returns of Digital Content.
a. All charges from those sales are nonrefundable once Content has been delivered, except as otherwise set forth in the purchase terms relating to specific Content. On occasion, technical problems may delay or prevent delivery of your Content. Your exclusive and sole remedy with respect to Content that is not delivered within a reasonable period will be either replacement of such Content, or refund of the price paid for such Content, as solely determined by DiscipleLand.
b. You agree to pay for all Content you purchase for download, and that DiscipleLand may charge your chosen payment method for any Content purchased and for any additional amounts (including any taxes and late fees, as applicable) as may be accrued by or in connection with your account. You are responsible for providing DiscipleLand with a valid credit card or account details for payment of all fees. All fees will be billed to the credit card or the account you designate during the purchasing process.
c. A SUBSCRIPTION purchase is active for a 12-month period beginning on the date the initial payment/transaction/download is completed. By subscribing, you agree to pay the full amount, even if you choose to cancel early. Upon cancellation, DiscipleLand will not issue refunds for months unused.
d. Prices and availability of any Content are subject to change at any time.
e. Your use of DiscipleLand's electronic purchasing service includes the ability to enter into agreements and/or to make transactions electronically.
YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSION CONSTITUTES YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND TRANSACTIONS.
4. Usage Rules
a. Your use of the Content is conditioned upon your prior acceptance of the terms of this Agreement.
b. You are entitled to download, export, burn, or copy Content solely for non-commercial personal or church/school/ministry use in accordance with the terms of this Agreement. Any burning or exporting capabilities are solely an accommodation to you and shall not constitute a grant or waiver of any rights of the copyright owners in any of the Content. No right, title, or interest in any downloaded Content is transferred to you as a result of any downloading or copying or otherwise. DiscipleLand or its licensors own all rights in the Content and you only have the right to use the Content for personal or church/school/ministry use in accordance with the terms of this Agreement.
c. You are entitled to access and use downloadable Content only for the period of your Active Subscription. Any period of Inactive or Canceled Subscription will void your right to access and use Content until such time you re-establish an Active Subscription.
d. You may not reproduce (except as set forth in this Agreement), copy, print, publish, transmit, distribute, display, broadcast, re-broadcast, publicly perform, rent or lend, change, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, directly or indirectly, any of the Content.
e. You may not reverse engineer, decompile, disassemble, modify, or disable any copy protection or use limitation systems associated with the Content.
f. You may not download and then re-digitize any Content, or upload the Content to the Internet. You may not use the Content in conjunction with any other third-party content.
g. You may not sell or offer to sell the Content, including but not limited to, posting any Content for auction, on any Internet auction site. All Content is licensed to you and not to be sold, notwithstanding the use of the terms "sell," "purchase," "order," or "buy" on the DiscipleLand website(s) or in this Agreement.
h. License Uses and Restrictions: Each Product for which a license is purchased hereunder is licensed for use by only one (1) organization (e.g., one church defined where “Church” means a nonprofit 501(c)3 organization with the purpose of leading others to Christ) in a single location/site. Therefore, if your organization consists of various satellite locations (e.g., a church with a main campus and several satellite campuses), each separate location will require a separate Product license. "Multi-site" churches that have multiple congregations in one city must purchase a separate license for use at each location. Use of Product(s) by more than one (1) church congregation or by multiple locations of a single church will require separate downloads and separate license for their respective Product(s). Please contact us if you need assistance with a multi-site license.
5. Third-Party Website Access
The Content may contain links that allow you to access third party websites ("Third-Party Sites"). Your access to and use of any Third-Party Sites, including any goods, services, or information made available from such sites, is governed by the terms and conditions found at each Third Party Site, if any. You acknowledge and agree that DiscipleLand is not responsible for examining or evaluating the content or accuracy of any such third-party material or Third-Party Sites. DiscipleLand does not have any liability or responsibility for any third-party materials or Third-Party Sites, or for any other materials, products, or services of third parties. Links to Third-Party Sites are provided solely as a convenience to you. If you decide to link to any Third-Party Sites, you do so entirely at your own risk.
6. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, DISCIPLELAND AND ALL OFFICERS, DIRECTORS, OWNERS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS, AFFILIATES, LICENSORS, AND LICENSEES (ALL OF THE FOREGOING, COLLECTIVELY, THE "DISCIPLELAND PARTIES") SHALL IN NO EVENT BE LIABLE FOR ANY CLAIMS, CHARGES, DEMANDS, DAMAGES, LIABILITIES, LOSSES, OR EXPENSES OF WHATEVER NATURE AND HOWSOEVER ARISING, INCLUDING WITHOUT LIMITATION ANY COMPENSATORY, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, LOSS OF USE, LOSS OF DATA, LOSS CAUSED BY A COMPUTER OR ELECTRONIC VIRUS, LOSS OF INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, INTERRUPTION OF SERVICE, CLAIMS OF THIRD PARTIES, OR OTHER LOSSES OF ANY KIND OR CHARACTER, EVEN IF DISCIPLELAND OR THE DISCIPLELAND PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS WEBSITE OR ANY WEBSITE WITH WHICH IT IS LINKED.
7. Indemnity
BY USING THE SERVICE AND CONTENT, YOU AGREE TO INDEMNIFY AND HOLD DISCIPLELAND PARTIES HARMLESS WITH RESPECT TO ANY CLAIMS ARISING OUT OF YOUR BREACH OF THIS AGREEMENT, YOUR USE OF THE SERVICE AND CONTENT, OR ANY ACTION TAKEN BY DISCIPLELAND AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF ITS FINDING OR DECISION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS MEANS THAT YOU CANNOT SUE OR RECOVER ANY DAMAGES FROM DISCIPLELAND PARTIES AS A RESULT OF ITS DECISION TO REMOVE OR REFUSE TO PROCESS ANY INFORMATION OR CONTENT, TO WARN YOU, TO SUSPEND OR TERMINATE YOUR ACCESS TO THE SERVICE AND/OR CONTENT, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF DISCIPLELAND'S CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS WAIVER AND INDEMNITY PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THIS AGREEMENT.
8. Termination
a. If you fail, or DiscipleLand suspects that you have failed, to comply with any of the provisions of this Agreement, including but not limited to failure to make payment of fees due, failure to provide DiscipleLand with a valid credit card or with accurate and complete registration data, failure to safeguard your account information, or violation of the Usage Rules, DiscipleLand, at its sole discretion, without notice to you may: (i) terminate this Agreement and/or your account, and you will remain liable for all amounts due under your account up to and including the date of termination; and/or (iii) preclude access to the DiscipleLand's service and Content (or any part thereof).
b. DiscipleLand reserves the right to modify, suspend, or discontinue its service (or any part or Content thereof) at any time with or without notice to you, and DiscipleLand will not be liable to you or to any third party should it exercise such rights.
9. General
You agree that DiscipleLand's service shall be deemed solely based in Colorado and that DiscipleLand's website(s) shall be deemed a passive website that does not give rise to personal jurisdiction over DiscipleLand, either specific or general, in jurisdictions other than in Colorado. This Agreement shall be interpreted according to the internal substantive laws of the State of Colorado, without respect to its conflict of laws and principles. Venue for any lawsuit arising out of this Agreement shall be Larimer County, Colorado. This Agreement, together with the Privacy Policy published at http://www.discipleland.com/Privacy-Policy and any other legal notices published by DiscipleLand on this website, shall constitute the entire agreement between you and DiscipleLand concerning this website. If any provision of this Agreement shall be held illegal, unenforceable, or in conflict with any United States law of a federal, state, or local government having jurisdiction over this Agreement, the validity of the remaining portions or provisions hereof shall not be affected thereby. No waiver of any breach of, or default under, any provision of this Agreement shall be deemed a waiver of such provision, or of any subsequent breach or default. DiscipleLand reserves the right to amend the Terms of Service at any time and without notice, and it is your responsibility to review the Terms of Service for any changes. Your use of DiscipleLand’s website(s) following any amendment of the Terms of Service will signify your assent to and acceptance of its revised terms. You and DiscipleLand agree that any cause of action arising out of or related to this website must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
ACCEPTANCE PROCEDURE
By purchasing this download, you represent that you have read these Terms of Service in their entirety, understand the terms and conditions, are duly authorized to execute this Agreement, and you agree to be bound by the terms and conditions of these Terms of Service.
Revised March 9, 2020
