TERMS OF SERVICE
THIS IS A LEGAL AGREEMENT BETWEEN YOU AND Wellspring Ministries, Anchorage, AK. (“Wellspring”) STATING THE TERMS THAT GOVERN YOUR USE OF THE Wellspring STORE SERVICE. THIS AGREEMENT – TOGETHER WITH ALL UPDATES, ADDITIONAL TERMS, AND ALL OF WELLSPRING’s RULES AND POLICIES – COLLECTIVELY CONSTITUTE THE “AGREEMENT” BETWEEN YOU AND Wellspring. TO AGREE TO THESE TERMS, CLICK “AGREE.” IF YOU DO NOT AGREE TO THESE TERMS, DO NOT CLICK “AGREE,” AND DO NOT USE THE SERVICE. YOU MUST ACCEPT AND ABIDE BY THESE TERMS AS PRESENTED TO YOU: CHANGES, ADDITIONS, OR DELETIONS ARE NOT ACCEPTABLE, AND WELLSPRING MAY REFUSE ACCESS TO THE WELLSPRING STORE FOR NONCOMPLIANCE WITH ANY PART OF THIS AGREEMENT.
1. Definition of the Wellspring Store Service. Wellspring Ministries is the provider of the Wellspring Store (the “Service”) that permits you to purchase books, CD’s and downloads of digital content – such as sound recordings and videos – under certain terms and conditions as set forth in this Agreement.
2. System Requirements. Use of the Service requires a compatible device, Internet access (fees may apply), and certain software (fees may apply), and may require obtaining updates or upgrades from time to time. Because use of the Service involves hardware, software, and Internet access, your ability to use the Service may be affected by the performance of these factors. High speed Internet access is strongly recommended. You acknowledge and agree that such system requirements, which may be changed from time to time, are your responsibility. The Service is not part of any other product or offering, and no purchase or obtaining of any other product shall be construed to represent or guarantee you access to the Service.
4. Your Information. You agree to provide accurate, current, and complete information required to register with the Service and at other points as may be required in the course of using the Service (“Registration Data”). You further agree to maintain and update your Registration Data as required to keep it accurate, current, and complete. Wellspring may terminate your rights to any or all of the Service if any information you provide is false, inaccurate or incomplete. You agree that Wellspring may store and use the Registration Data you provide (including credit card account information) for use in maintaining your accounts and billing fees to your credit card account.
5. User Account and Security.
a. Account and Password. As a registered user of the Service, you may receive or establish an account (“Account”). You are solely responsible for maintaining the confidentiality and security of your Account. You should not reveal your Account information to anyone else or use anyone else’s Account. You are entirely responsible for all activities that occur on or through your Account, and you agree to immediately notify Wellspring of any unauthorized use of your Account or any other breach of security. Wellspring shall not be responsible for any losses arising out of the unauthorized use of your Account.
b. Security. You understand that the Service, and products purchased through the Service, such as sound recordings, videos and related artwork (“Products”), include technology that protects digital information and limits your usage of Products to certain usage rules established by Wellspring and its licensors (“Usage Rules”). You agree to comply with such Usage Rules, as further outlined below, and you agree not to violate or attempt to violate any security components. You agree not to attempt to, or assist another person to, circumvent, reverse-engineer, decompile, disassemble, or otherwise tamper with any of the security components related to such Usage Rules for any reason whatsoever. Usage Rules may be controlled and monitored by Wellspring for compliance purposes, and Wellspring reserves the right to enforce the Usage Rules with or without notice to you. You will not access the Service by any means other than through systems that are provided by Wellspring for accessing the Service. You shall not access or attempt to access an Account that you are not authorized to access. Violations of system or network security may result in civil or criminal liability.
6. Purchase of Wellspring Content
a. Products Requirements. You acknowledge that use of Products may require the use of other hardware and software products (e.g., the ability to make copies of Products on physical media and render performance of Products on authorized digital player devices), and that such hardware and software is your responsibility. Once a Product is purchased and you receive the Product, it is your responsibility not to lose, destroy, or damage the Product, and Wellspring shall be without liability to you in the event of any loss, destruction, or damage.
b. Use of Products. You acknowledge that Products contain security technology that limits your usage of Products to the following Usage Rules, and you agree to use Products in compliance with such Usage Rules.
Your use of the Products is conditioned upon your prior acceptance of the terms of this Agreement.
You shall be authorized to use the Products only for personal, noncommercial use.
You shall be entitled to export, burn (if applicable) or copy Products solely for personal, noncommercial use. Limited to 10 copies.
Any burning (if applicable) or exporting capabilities are solely an accommodation to you and shall not constitute a grant or waiver (or other limitation or implication) of any rights of the copyright owners in any audio or video content, sound recording, underlying musical composition, or artwork embodied in any Product.
The delivery of Products does not transfer to you any commercial or promotional use rights in the Products.
c. You agree that your purchase of Products constitutes your acceptance of and agreement to use such Products solely in accordance with the Usage Rules, and that any other use of the Products may constitute a copyright infringement. The Usage Rules shall govern your rights with respect to the Products, in addition to any other terms or rules that may have been established between you and another party. Wellspring reserves the right to modify the Usage Rules at any time.
d. You acknowledge that some aspects of the Service, Products, and administering of the Usage Rules entails the ongoing involvement of Wellspring. Accordingly, in the event that Wellspring changes any part of the Service or discontinues the Service, which Wellspring may do at its election, you acknowledge that you may no longer be able to use Products to the same extent as prior to such change or discontinuation, and that Wellspring shall have no liability to you in such case.
e. Reviews, comments, communications, and other content.
Visitors may post reviews, comments, and other content; send e-gift cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a gift card or other content. Wellspring reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant Wellspring and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Wellspring and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Wellspring or its affiliates for all claims resulting from content you supply. Wellspring has the right but not the obligation to monitor and edit or remove any activity or content. Wellspring takes no responsibility and assumes no liability for any content posted by you or any third party.
7. Agreement to Pay.
a. Payment for Products. You agree to pay for all Products you purchase through the Service, and that Wellspring may charge your credit card account for any Products 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 THE TIMELY PAYMENT OF ALL FEES AND FOR PROVIDING WELLSPRING WITH A VALID CREDIT CARD ACCOUNT DETAILS FOR PAYMENT OF ALL FEES. All fees will be billed to the credit card account, you designate during the registration process. If you want to designate a different credit card or if there is a change in your credit card account status, you must change your credit card account information online at the Account Info section of the Service. (There may be a temporary disruption of your access to the Service until Wellspring can verify the validity of the new credit card account information.)
b. Right to Change Prices and Availability of Products. Prices and availability of any Products are subject to change at any time.
c. Electronic Signatures and Contracts. Your use of the Service includes the ability to enter into agreements and/or to make purchases electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND PURCHASES. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON THIS SITE, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS.
8. Delivery of Products. On occasion, technical problems may delay or prevent delivery of your Product. Your exclusive and sole remedy with respect to Product that is not delivered within a reasonable period will be either replacement of such Product, or refund of the purchase price paid for such Product, as determined by Wellspring.
9. Intellectual Property.
a. Acknowledgement of Ownership. You agree that the Service, including but not limited to graphics, audio clips, and editorial content, contains proprietary information and material that is owned by Wellspring and/or its licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright, and that you will not use such proprietary information or materials in any way whatsoever except for use of the Service in compliance with the terms of this Agreement. No portion of the Service may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Service, in any manner, and you shall not exploit the Service in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity.
b. Removal of Wellspring Content or Other Materials. Notwithstanding any other provision of this Agreement, Wellspring and its licensors reserve the right to change, suspend, remove, or disable access to any Products, content, or other materials comprising a part of the Service at any time without notice. In no event will Wellspring be liable for the removal of or disabling of access to any such Products, content or materials under this Agreement. Wellspring may also impose limits on the use of or access to certain features or portions of the Service, in any case and without notice or liability.
c. Copyrights. All copyrights in and to the Service, including but not limited to, the Wellspring Store (including the compilation of content, postings, links to other Internet resources, and descriptions of those resources), and software, are owned by Wellspring and/or its licensors. THE USE OF THE SERVICE, EXCEPT FOR USE OF THE SERVICE AS PERMITTED IN THESE TERMS OF SERVICE, IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT INFRINGEMENT.
d. Trademarks. Wellspring Ministries, the Wellspring logo, and other Wellspring trademarks, service marks, graphics, and logos used in connection with the Service are trademarks or registered trademarks of Wellspring Ministries in the U.S. and/or other countries. Other trademarks, service marks, graphics, and logos used in connection with the Service may be the trademarks of their respective owners. You are granted no right or license with respect to any of the aforesaid trademarks and any use of such trademarks.
a. Termination by Wellspring. If you fail, or Wellspring 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 Wellspring with a valid credit card or with accurate and complete Registration Data, failure to safeguard your Account information, violation of the Usage Rules or infringement or other violation of third parties’ rights, Wellspring, 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 (ii) terminate the license to the software; and/or (iii) preclude access to the Service (or any part thereof).
b. Termination of the Service. Wellspring reserves the right to modify, suspend, or discontinue the Service (or any part or content thereof) at any time with or without notice to you, and Wellspring will not be liable to you or to any third party should it exercise such rights.
11. General Compliance with Laws. The Service is controlled and operated by Wellspring from its offices in the United States. You agree to comply with all local, state, federal, and national laws, statutes, ordinances, and regulations that apply to your use of the Service.
12. Enforcement of These Terms. Wellspring reserves the right to takes steps Wellspring believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to Wellspring’s right to cooperate with any legal process relating to your use of the Service and/or Products, and/or a third party claim that your use of the Service and/or Products is unlawful and/or infringes such third party’s rights). You agree that Wellspring has the right, without liability to you, to disclose any Registration Data and/or Account information to law enforcement authorities, government officials, and/or a third party, as Wellspring believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to Wellspring’s right to cooperate with any legal process relating to your use of the Service and/or Products, and/or a third party claim that your use of the Service and/or Products is unlawful and/or infringes such third party’s rights).
13. No Responsibility for Third-Party Materials or Web sites. Certain content, Products, and services available via the Service may include materials from third parties. In addition, Wellspring may provide links to certain third party Web sites. You acknowledge and agree that Wellspring is not responsible for examining or evaluating the content or accuracy of any such third-party material or Web sites. Wellspring does not warrant or endorse and does not assume and will not have any liability or responsibility for any third-party materials or Web sites, or for any other materials, products, or services of third parties. Links to other Web sites are provided solely as a convenience to you. You agree that you will not use any third-party materials in a manner that would infringe or violate the rights of any other party, and that Wellspringis not in any way responsible for any such use by you.
14. Disclaimer of Warranties; Liability Limitations.
a. Wellspring DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME WELLSPRING MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU.
b. YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE SERVICE ARE (EXCEPT AS EXPRESSLY STATED BY WELLSPRING) PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU.
c. WELLSPRING SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE SERVICES, BUT YOU ACKNOWLEDGE AND AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND WELLSPRING HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.
d. WELLSPRING DOES NOT REPRESENT OR GUARANTEE THAT THE SERVICE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND WELLSPRING DISCLAIMS ANY LIABILITY RELATING THERETO. YOU SHALL BE RESPONSIBLE FOR BACKING UP YOUR OWN SYSTEM, INCLUDING ANY PRODUCTS PURCHASED FROM THE WELLSPRING MARKET PLACE THAT ARE STORED IN YOUR SYSTEM.
15. Waiver and Indemnity. BY USING THE SERVICE, YOU AGREE TO INDEMNIFY AND HOLD WELLSPRING, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS HARMLESS WITH RESPECT TO ANY CLAIMS ARISING OUT OF YOUR BREACH OF THIS AGREEMENT, YOUR USE OF THE SERVICE, OR ANY ACTION TAKEN BY WELLSPRING 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 WELLSPRING, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS 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, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF WELLSPRING’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.
16. Changes. Wellspring reserves the right, at any time and from time to time, to update, revise, supplement, and otherwise modify this Agreement and to impose new or additional rules, policies, terms, or conditions on your use of the Service. Such updates, revisions, supplements, modifications, and additional rules, policies, terms, and conditions (collectively referred to in this Agreement as “Additional Terms”) will be effective immediately and incorporated into this Agreement. Your continued use of the Wellspring Store following will be deemed to constitute your acceptance of any and all such Additional Terms. All Additional Terms are hereby incorporated into this Agreement by this reference.
17. Notices. Wellspring may send you notice with respect to the Service by sending an email message to the email address listed in your Wellspring Account contact information, by sending a letter via postal mail to the contact address listed in your Wellspring Account contact information, or by a posting on the Wellspring Store. Notices shall become effective immediately.
18. Miscellaneous. These Terms of Service constitute the entire agreement between you and Wellspring and govern your use of the Service, superseding any prior agreements between you and Wellspring. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software. If any part of these Terms of Service is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. Wellspring’s failure to enforce any right or provisions in these Terms of Service will not constitute a waiver of such provision, or any other provision of these Terms of Service. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the other provisions will remain in full force and effect. Wellspring will not be responsible for failures to fulfill any obligations due to causes beyond its control.