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Terms of Service

Last Updated: March 11, 2011

Welcome to ChristianWorldMedia.com!

ITPProductions, ("ChristianWorldMedia.com" "we" or "us") provides content streaming and social networking services that enable the sharing of live and recorded video and audio content and chat via the Internet, mobile and other data delivery means through use of ChristianWorldMedia.com’s proprietary video player service and syndication platform (any and all of the foregoing (the "Services") and our website accessible at http://www.ChristianWorldMedia.com (collectively the "Site"). The Services include ChristianWorldMedia.com’s proprietary embeddable video players (each a “ChristianWorldMedia.com Player”), the ChristianWorldMedia.com channels, our software applications and related technology (including any updates, new versions or new releases thereof) including, but not limited to, our Viewer, Broadcaster and Recorder Applications (each a “ChristianWorldMedia.com Application”), and any other products and services offered by ChristianWorldMedia.com via the Site and Services.

Please read the following important terms and conditions ("Terms of Service") carefully. These Terms of Service, and the ChristianWorldMedia.com Privacy Policy both incorporated herein by reference govern your access to and use of the Site and Services, including any content, information, products or services therein. These Terms of Service are a legal agreement between you and ChristianWorldMedia.com and apply to you whether you are a Member (defined below) or a visitor just browsing the Site (collectively, "ChristianWorldMedia.com Users").

Certain areas of the Site and Services (and your access to or use of Content (defined below)) may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms of Service and terms and conditions posted for a specific area of the Site, Services or Content, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Site, Services or Content.

YOU UNDERSTAND THAT BY CLICKING THE "I AGREE" BUTTON, OR BY USING THE SITE, SERVICES (INCLUDING ANY CONTENT PROVIDED THEREIN), OR YOUR ACCOUNT, OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE SITE OR THROUGH THE SERVICES, YOU ARE AGREEING TO BE BOUND BY THESE TERMS OF SERVICE. IF YOU DO NOT ACCEPT THESE TERMS OF SERVICE IN THEIR ENTIRETY, YOU MAY NOT ACCESS OR USE THE SITE, SERVICES OR CONTENT. If you agree to these Terms of Service on behalf of a business, you represent and warrant that you have the authority to bind that business to these Terms of Service and your agreement to these terms will be treated as the agreement of the business. In that event, "you" and "your" will refer and apply to that business.

1. Eligibility and Registration.

In order to access certain features of the Site and Services, and to post User Submissions, you will have to create a ChristianWorldMedia.com account and become a "Member". To become a Member you must be at least 13 years of age and only Members that are at least 18 years of age may purchase access to Premium Content (defined below) as further described in Section 6. If you are not a Member you may browse all areas of the Site or use the parts of the Services that are not limited to Members only.

When you register, you will be asked to choose a username and a password. You are responsible for safeguarding your password and you agree not to disclose your password to any third party. You agree that you will be solely responsible for any activities or actions taken under your password, whether or not you have authorized such activities or actions. You will immediately notify ChristianWorldMedia.com of any unauthorized use of your password. You agree that the information that you provide to us upon registration, and at all other times will be true, accurate, current and complete. Without limiting any other terms of this Terms of Service, you may not use false identities or impersonate any other person or use a username or password that you are not authorized to use. ChristianWorldMedia.com reserves the right to require you to change your username for any reason and may do so at anytime.

If you become a Member you consent to the use of: (a) electronic means to complete these Terms of Service and to provide you with any notices given pursuant to these Terms of Service; and (b) electronic records to store information related to these Terms of Service or your use of the Site and Services. Our Privacy Policy contains information about our policies and procedures regarding the collection, use and disclosure of information we receive from ChristianWorldMedia.com Users.

2. Modification.

ChristianWorldMedia.com reserves the right, at its sole discretion, to modify, discontinue or terminate the Site and Services, or to modify these Terms of Service, at any time and without advance notice. If we modify these Terms of Service, we will post the modification on the Site or within the Services or provide you with notice of the modification. We will also update the “Last Updated Date” in these Terms of Service. If any modified terms and conditions are not acceptable to you, your sole remedy is to cease using the Site and Services, and if applicable, cancel your ChristianWorldMedia.com account. By continuing to access or use the Site and Services after ChristianWorldMedia.com makes any such revision, you agree to be bound by the revised Terms of Service.

3. Termination and ChristianWorldMedia.com Account Cancellation.

4. Copyrighted Materials: No Unauthorized Use.

YOU WILL NOT USE THE SITE OR SERVICES TO TRANSMIT, ROUTE, PROVIDE CONNECTIONS TO OR STORE ANY MATERIAL THAT INFRINGES COPYRIGHTED WORKS OR OTHERWISE VIOLATES OR PROMOTES THE VIOLATION OF THE INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY. ChristianWorldMedia.com has adopted and implemented a policy that provides for the termination in appropriate circumstances of the accounts of users or Members who repeatedly infringe or are believed to be infringing the rights of copyright holders.

5. Intellectual Property Rights and Ownership.

6. Access to Certain Content: Fees and Billing.

7. Interactions between ChristianWorldMedia.com Users.

You are solely responsible for your interactions (including any disputes) with other ChristianWorldMedia.com Users. You understand that ChristianWorldMedia.com does not in any way screen ChristianWorldMedia.com Users. You are solely responsible for, and will exercise caution, discretion, common sense and judgment in, using the Site and Services and disclosing personal information to other ChristianWorldMedia.com Users. You agree to take reasonable precautions in all interactions with other ChristianWorldMedia.com Users, particularly if you decide to meet a ChristianWorldMedia.com User offline, or in person. Your use of the Site, Services, Content and any other information or other materials made available through the Site or Services is at your sole risk and discretion and ChristianWorldMedia.com hereby disclaims any and all liability to you or any third party relating thereto. ChristianWorldMedia.com reserves the right to contact Members, in compliance with applicable law, in order to evaluate compliance with the rules and policies in these Terms of Service. You will cooperate fully with ChristianWorldMedia.com to investigate any suspected unlawful, fraudulent or improper activity, including, without limitation, granting authorized ChristianWorldMedia.com representatives access to any password-protected portions of your ChristianWorldMedia.com account.

Without limiting the terms of Section 5(c)(iii), ChristianWorldMedia.com may in its sole discretion review and/or record broadcast chat exchanges and/or other communications engaged in via the Site or Services, in accordance with applicable law, in order to evaluate compliance with the rules and policies set forth in these Terms of Service or as otherwise technically necessary.

8. Obligations for ChristianWorldMedia.com Users.

9. Disclaimer of Warranties.

Your use of the Site, Services, Content and User Submissions is at your sole discretion and risk. The Site, Services, Content and User Submissions, and all materials, information, products and services included therein, are provided on an "AS IS" and "AS AVAILABLE" basis without warranties of any kind. ChristianWorldMedia.com EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, RELATING TO THE SITE, SERVICES, CONTENT AND USER SUBMISSIONS, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, COURSE OF DEALING OR COURSE OF PERFORMANCE. ChristianWorldMedia.com disclaims any warranties: (i) regarding the security, accuracy, reliability, timeliness and performance of the Site or Services; or (ii) that the Site, Services, Content and User Submissions will be error-free or that any errors will be corrected. No advice or information, whether oral or written, obtained by you from ChristianWorldMedia.com, will create any warranty not expressly stated in these Terms of Service. Some states or jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above exclusions may not apply to you.

10. Limitation of Liability.

IN NO EVENT WILL CHRISTIANWORLDMEDIA.COM, ITS OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE, SERVICES, CONTENT AND USER SUBMISSIONS WHETHER THE DAMAGES ARE FORESEEABLE AND WHETHER OR NOT CHRISTIANWORLDMEDIA.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND IN NO EVENT WILL CHRISTIANWORLDMEDIA.COM'S CUMULATIVE LIABILITY TO YOU EXCEED $100.

11. Indemnification.

You agree to defend, indemnify, and hold ChristianWorldMedia.com, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable attorney's fees and costs, arising out of or in any way connected with (i) your access to or use of the Site, Services, Content and User Submissions; (ii) your violation of these Terms of Service; (iii) your violation of any third party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party, including without limitation claims that your User Submissions are infringing.

12. Third Party Links.

The Site and Services may provide links to third party websites or resources from the Site or Services. You acknowledge and agree that ChristianWorldMedia.com is not responsible or liable for the availability or accuracy of, and ChristianWorldMedia.com does not endorse, such websites or resources or the content, products, or services on or available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

13. Feedback and Independent Development.

Your feedback is welcome and encouraged. You may submit feedback by emailing us at feedback [@] ChristianWorldMedia.com or via other portions of the Site. You agree, however, that: if you elect to provide suggestions, ideas, proposals, concepts or other feedback to us (whether written, verbal or in any other format or manner) in connection with these Terms of Service or use of our Site or Services (“Feedback”), you acknowledge and agree that we have no obligation (whether of confidentiality, compensation or otherwise) with respect to such Feedback and we will be free to use and exploit the same in any manner without restriction of any kind. You acknowledge and agree that all Feedback will be the sole and exclusive property of ChristianWorldMedia.com. You hereby irrevocably transfer and assign to ChristianWorldMedia.com and agree to irrevocably transfer and assign to ChristianWorldMedia.com all of your right, title, and interest in and to all Feedback, including all Intellectual Property Rights therein. At ChristianWorldMedia.com’s request and expense, you will execute documents and take such further acts as ChristianWorldMedia.com may reasonably request to assist ChristianWorldMedia.com to acquire, perfect and maintain its intellectual property rights and other legal protections for the Feedback. Further, you acknowledge and agree that ChristianWorldMedia.com is engaged in creating and developing its own programs, plans and projects so it is possible that we are already independently developing products services, plans and projects that are quite similar and/or competitive with your Feedback (including the concepts contemplated by or embodied therein). Nothing in these Terms of Service will be construed as a representation or agreement that we will not develop or have developed, distribute, market or promote applications, services, products, concepts, systems or techniques that are similar to and/or compete with the applications, services, products, concepts, systems or techniques contemplated by or embodied in any Feedback or compensate you or provide you with any input or response with regard to your Feedback.

14. General.


 
DISCLAIMER
The views expressed in any archived video or live webcast presented on our website may not necessarily be the views of the CWM owners and staff.
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