Please read these terms and the entirety of the Agreement and indicate whether or not you agree to the Agreement terms by clicking the “Accept” or “Decline” button at the end of this agreement. Your right to access and use the Service is expressly conditioned upon your acceptance of the terms of the Agreement. If you click the cancel button, you will not be able to access the Service.
By installing and using the Sermons Anywhere™ application and service, you agree to be bound by the terms of the Agreement.
- ACCEPTANCE OF AGREEMENT
The Agreement is a contract between you and CM and can be accepted only by an adult of legal age of majority in the country in which you are a resident. If you are under the legal age of majority, you must ask your parent or legal guardian to consent to this Agreement. By clicking the Accept button yourself, you affirm that you have reached the legal age of majority and you accept this Agreement. Some content available via the Service may not be appropriate for children under a certain age. In some cases, ratings will be displayed to indicate the suitability of content or access may be restricted to certain age groups. Parents and guardians should supervise their children’s access to and use of the Service. If you are under 18, you may use the Service only with involvement of a parent or guardian. You further acknowledge that the Service may require a wireless data connection in order to function. CM is not responsible for your ability or inability to access wireless data, or for any costs or charges incurred by you in utilizing any wireless data plan, whether through use of the Service or not. If you have questions about wireless data charges, please contact your wireless carrier.
- THE SERMONS ANYWHERE™ SERVICE
- The Service. The Service provides features and functionality that allow you to store, retrieve, manage and play back your sermons, music, and related content (collectively, "Your Content") from your Sermons Anywhere™ library. Content will be added to your library upon the purchase of a Sermons Anywhere-eligible compilation, CD, or digital recording from Catch Media. By using the Service, you are directing us to store, manage and play Your Content on your behalf.
- Sermons Anywhere™ Library. Once your order has been completed, the digital content that your church or house of worship associates with your purchase will be added to your Sermons Anywhere™ library. There are sometimes multiple versions of music, sermons, or related content. We'll provide you the digital version of the content that we determine is comparable to the version you purchased. If you purchase the content as a pre-order, the digital version of the content will be added to your Sermons Anywhere™ library when the content is released. If you purchase a CD that includes audiovisual or other non-music content, the non-audio content from the album may not be included in the version of the content that is added to your Sermons Anywhere™ library.
- Returns and Cancellations of Sermons Anywhere™ Eligible Orders. Under the Sermons Anywhere™ program, when you purchase qualifying content, you will receive access through the Service to the digital version of that sermon, music, and related content. If you download any part of the digital version of a Sermons Anywhere-eligible content using the Service, your purchase will be considered final and will not be refundable. If you cancel your order for or return the qualifying content and you do not download any part of the digital version of the album using the Service, we will stop providing you access to digital version(s) through the Service. The store where you made the purchase will determine if you may receive a refund.
- USE OF THE SERVICE
- Rights Granted. We grant you a non-exclusive, non-transferable right to use the Service only for your personal, non-commercial, entertainment use, subject to the Agreement. We do not grant you any synchronization, public performance, promotional use, commercial sale, resale, reproduction or distribution rights for Your Content delivered through the Service. No ownership rights in Your Content are transferred or assigned to you and all ownership rights in Your Content are retained by the owners of such rights. All rights granted to you regarding Your Content are granted to you personally and by license only.
- Playing and Managing Your Content with the Service. You may use the Service only for personal, non-commercial use. You may not use the Service to store, transfer or distribute content of or on behalf of third parties, to operate your own content application or service, to resell any part of the Service or for any form of unlawful file sharing. You are solely responsible for Your Content, including for ensuring that it has been lawfully acquired and for complying with all applicable copyright and other laws and with the terms of any licenses or agreements to which you are bound.
- Use of Your Sermons Anywhere™ Account. To use the Service, you must have a Sermons Anywhere™ account, and you may be required to be logged in to the account. You may only use your Service in connection with one Sermons Anywhere™ account. You may not share your Sermons Anywhere™ username and password with others or use anyone else's Sermons Anywhere™ username and password. If you use the Service, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer and devices, and you agree to accept responsibility for all activities that occur under your account or password. CM reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
- Usage Restrictions. You may need to register the devices you use with the Service, and we may limit the number of devices you can register, the frequency with which you can change them, and the number of devices from which you can use the Service at any one time. The Service is offered in the United States. We may restrict access from other locations. We may impose other restrictions on use of the Service.
- Our Use of Your Content to Provide the Service. We may use, access and retain Your Content in order to provide the Service to you and enforce the terms of the Agreement, and you expressly give us all permissions we need to do so. These permissions include, for example, the rights to copy Your Content for backup purposes and access Your Content to provide technical support.
3.6 Content Not Screened or Error Free.
You acknowledge and agree that by using the Services, you may be exposed to content that is offensive, indecent or objectionable. You further acknowledge and agree that the Service and Your Content may contain errors or omissions. You acknowledge and agree that CM does not screen or review published content on the Service to determine whether it contains false or defamatory material, or material which is offensive, indecent, objectionable, or which contains errors or omissions. Under no circumstances will CM be liable in any way for any user or other third party content, including, but not limited to, for any defamation, falsehoods, errors or omissions in any such content, or for any loss or damage of any kind incurred as a result of the use or publication of any such content posted or otherwise transmitted via the Service. CM does not guarantee that any content will be to your satisfaction. In the event that you believe that content published on or through the Service contains defamatory material or otherwise is published in violation of these terms and conditions, however, please contact us right away at:
- GRANT OF RIGHTS
- Grant of License and Intellectual Property Ownership.
Subject to your compliance with this Agreement, all content and software provided through the Service are licensed non-exclusively and revocably to you, solely for your personal, private, non-transferable, non-commercial, limited use on a limited number devices. All intellectual property rights subsisting in the Service, including all software, data, and content subsisting in or used in connection with the Service (collectively defined as "Software"), belong to CM and its licensors. This license and all use or access to Software is expressly conditioned on your compliance with this Agreement's terms, other applicable agreements, if any, and all applicable copyright and intellectual property rights laws.
Your compliance with all of the following is an express condition of your license to use or access the Software. You may not, and you will not encourage, assist or authorize any other person to, sell, rent, lease, loan, sublicense, modify, adapt, arrange, translate, reverse engineer, decompile, or disassemble any portion of the Software. Except as stated in this Agreement or as CM expressly permits, you may not reproduce or transfer any portion of the Software. You may not create any derivative works, attempt to create the source code from the object code, or download or use any Software for any purpose other than as expressly permitted. You may not bypass, disable, or circumvent any encryption, security, digital rights management or authentication mechanism in connection with the Service, devices, or any of the content or services offered through the Service. You many not circumvent, disable or dupe any methodology we use to identify music on your device and match it to music from our catalog. You may use the Software only on devices registered to your Sermons Anywhere™ account. You acknowledge that the Service and the content provided through the Service may contain security or technical features that will prevent use of such content or services in violation of this Agreement. Except as this Agreement expressly grants, CM and its licensors reserve all rights, interests, and remedies in connection with the Service and the Software. Upon termination of this Agreement, your Sermons Anywhere™ account, or license to any Software, you will immediately cease use of the Service and Software and delete or destroy copies of the Software.
Use of the terms "own," "ownership", "purchase," "sale," "sold," "sell," "rent" or "buy" on or in connection with the Service shall not mean or imply any transfer of ownership of any content, data or software or any intellectual property rights therein from CM or its licensors to any user or third party. All other company, product, and service names and logos referenced in the Service and the Software are the marks, trade names, trademarks/service marks, and registered trademarks/ service marks ("Marks") of their respective owners. You may not use or reproduce any Marks without the owner's express written consent. You may not remove any proprietary notices or labels from any content.
- User Agreement Not to Circumvent Publishers’ Ownership Rights. You acknowledge and agree that your rights to view the publisher content that you access on or through the CM Service are strictly limited to the terms of those rights that you obtained in connection with your acquisition of the Content itself. Except as permitted expressly by such rights, you may not copy, reproduce, modify, publish, transmit, transfer or sell, maintain, retain, create derivative works from, distribute or re-distribute, perform, link, display or in any way exploit any content obtained through the CM Service, including, without limitation, by incorporating data and or content from the Service into any e-mail, search, catalogue, directory, or other "white pages" products or service, whether browser-based, based on proprietary client-site applications, web-based, or otherwise. You understand, agree and acknowledge that engaging in any of the aforementioned conduct may constitute a crime and/or other form of unlawful behavior for which you may be held criminally and/or civilly liable.
- Information Provided to CM. The Service and the Software may provide CM with information relating to your use and the performance of the Service and the Software, as well as information regarding the devices on which you download and use the Service and the Software. For example, this information may include the device type, mobile network connectivity, IP address of the device, information about your internet service provider, information about when the Software is launched, individual session lengths for use of the Service, information about the content used through the Service, or occurrences of technical errors.
- PROHIBITED CONDUCT In addition to 4. above, you agree that you will not use the Service to:
a) Upload, post, email, otherwise transmit, or post links to any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of privacy or publicity rights, hateful, or racially, sexually, ethnically or otherwise objectionable.
b) Upload, post, email, otherwise transmit, or post links to any content that promotes illegal activity, including without limitation the provision of instructions for illegal activity.
c) Collect or store personally identifying information about other users for commercial or unlawful purposes.
d) Impersonate any person or entity, including, but not limited to, a CM official, employee, or falsely state or otherwise misrepresent your affiliation with a person or entity or employ misleading email addresses or falsify information in the header, footer, return path, or any part of any communication, including emails, transmitted through the Service.
e) Upload, post, email, otherwise transmit, or post links to any content that you do not have a right to transmit under any law or regulation or under contractual or fiduciary relationships (such as inside information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements) or upload, post, email, otherwise transmit, or post links to any content that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights ("Rights") of any party, or contributing to inducing or facilitating such infringement. This prohibition shall include, without limitation, the following forms of software piracy:
- Making available copyrighted software or other content that has had the copyright protection removed.
- Making available serial numbers for software that can be used to illegally validate or register software.
- Making available tools that can be used for no purpose other than for "cracking" software or other copyrighted content.
- Making available any software files for which the user does not own the copyright or have the legal right to make available.
g) Upload, post, email, otherwise transmit, or post links to any material that contains software viruses, worms, trojan horses, time bombs, trap doors or any other computer code, files or programs or repetitive requests for information designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or to diminish the quality of, interfere with the performance of, or impair the functionality of the Service.
h) Conduct your own contests and promotions or upload, post, email, otherwise transmit, or post links to any content regarding any raffle, contest or game requiring a fee by participants.
i) Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service.
j) Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law or use CM or the Service to sell, purchase, or offer to sell or purchase any registered or unregistered securities, or upload, post, email, otherwise transmit, or post links to any material that is false, misleading, or designed to manipulate any equity, security, or other market.
k) Advertise, offer for sale, or sell any item you are prohibited from advertising or selling by any applicable local, state, national, or international law, including regulations having the force of law, or advertise, offer for sale, or sell any of the following items:
- Any firearms, explosives, or weapons.
- Any food that is not packaged or does not comply with all laws governing the sale of food to consumers by commercial merchants.
- Any alcoholic beverages.
- Any tobacco products for human consumption, including, without limitation, cigarettes and cigars.
- Any items that are indecent or obscene, that are hateful or racially, sexually, ethnically or otherwise objectionable, that contain child pornography, that are otherwise pornographic in nature, or are harmful to minors.
- Any controlled substances or pharmaceuticals.
- Any items that are counterfeit or stolen.
- Any dangerous items.
- Any goods or services that do not, in fact, exist.
- Any items that violate or infringe the rights of other parties.
- Any items that you do not have the legal right to sell.
- Any items where doing so through CM or the Service would cause CM to violate any law.
THE SERVICE AND ALL MATERIALS AND INFORMATION INCLUDED IN THE SERVICE ARE PROVIDED “AS IS” WITH ALL FAULTS AND, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, CM DISCLAIMS ALL WARRANTIES, REPRESENTATION AND CONDITONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
- Changes. We may change, suspend or discontinue the Service or any part of it or any part of the Agreement at any time without notice. We don't guarantee that any particular content will be or will remain Sermons Anywhere™ enabled. There may be unusual circumstances where due to legal reasons we may no longer be able to store or provide you access to particular content.
- Suspension and Termination. Your rights under the Agreement will automatically terminate without notice if you fail to comply with its terms. We may terminate the Agreement or restrict, suspend or terminate your use of the Service at our discretion without notice at any time, including if we determine that your use violates the Agreement, is improper, substantially exceeds or differs from normal use by other users, or otherwise involves fraud or misuse of the Service or harms our interests or those of another user of the Service. If your Service is restricted, suspended or terminated, you may be unable to access Your Content and you will not receive any refund of fees or any other compensation.
- Waiver. All licenses granted to you are non-exclusive. Our failure to insist upon or enforce your strict compliance with the Agreement will not constitute a waiver of any of our rights.
- Amendments. We may amend the Agreement at our sole discretion by posting the revised terms in the Service or on PlayAnywhere.com. Your continued use of the Service or the Software after any amendment evidences your agreement to be bound by it.
- Severability. If any term or condition of the Agreement is deemed invalid, void, or for any reason unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining term or condition.
1. an electronic or physical signature of a person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
2. a description of the copyrighted work or other intellectual property that you claim has been infringed;
3. a description of where the material that you claim is infringing is located or found on the Website or Service;
4. your address, telephone number and, if available, an email address;
5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
6. a statement by you that the above information provided by you in your notice is accurate and, under penalty of perjury, that you are the copyright or intellectual property owner or authorized to act on behalf of the copyright or intellectual property owner. Claims of copyright or other intellectual property infringement should be sent to CM’s General Councel by mail or email as follows: By Mail:
Catch Media, Inc.
c/o General Counsel
287 East Sixth Street, Suite 615
Saint Paul, MN 55101
By Email: email@example.com
For a full understanding of any rights and or remedies you may have in the case of any infringement, please consult with an attorney.
- Disputes/Binding Arbitration. Any dispute or claim relating in any way to your use of any Sermons Anywhere™ service, or to any products or services sold or distributed by Catch Media will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
You and we each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
If any provision of the agreement shall be held invalid or unenforceable, in whole or in part, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, and the validity and enforceability of all other provisions of this agreement shall not be affected thereby.
- LIMITATION OF LIABILITY UNDER NO CIRCUMSTANCES SHALL CM, ITS EMPLOYEES, AFFILIATES, LICENSORS OR OPERATORS OF THIRD PARTY WEBSITES, BE LIABLE TO YOU, ANY USER, OR ANY THIRD PARTY ON ACCOUNT OF YOUR OR THAT PARTY’S USE OF, MISUE OF, OR RELIANCE ON OR ACCESS TO THE SERVICE ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF INCLUDING ANY LOSS OF DATA, DAMAGE CAUSED BY DOWNLOADING OR ACCESSING THE SERVICE, OR USE OR MISUSE OF THE SERVICE IN ANY WAY (INCLUDING WITHOUT LIMITATION ANY WIRELESS DATA ACCESS COSTS OR CHARGES YOU MAY INCUR AS A RESULT OF USING THE SERVICE). SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANT, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE (EVEN IF CM, ITS EMPLOYEES, AGENTS, VENDORS, OR LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). TO THE EXTENT THAT ANY JURISDICTIONS DO NOT ALLOW THEM, THE ABOVE EXCLUSIONS OR LIMITATION MAY NOT APPLY. YOUR SPECIFIC RIGHTS MAY VARY FROM JURISDICTION TO JURISDICTION,. THIS CLAUSE DOES NOT AFFECT CM’S LIABILTY FOR DEATH OR PERSONAL INJURY ARISING FROM NEGLIGENCE OR ANY LIABILITY FOR FRAUDULENT MISREPRESENTATION.