TERMS OF SERVICE - FULL DISCLOSURE
THIS IS A LEGAL AGREEMENT BETWEEN YOU AND CHRISTILLUSTRATED.COM, OF SANTA ANA, CA. ("CHRISTILLUSTRATED.COM") STATING THE TERMS THAT GOVERN YOUR USE OF THE CHRISTILLUSTRATED.COM STORE SERVICE. THIS AGREEMENT - TOGETHER WITH ALL UPDATES, ADDITIONAL TERMS, AND ALL OF CHRISTILLUSTRATED.COM’S RULES AND POLICIES - COLLECTIVELY CONSTITUTE THE "AGREEMENT" BETWEEN YOU AND CHRISTILLUSTRATED.COM. 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 CHRISTILLUSTRATED.COM MAY REFUSE ACCESS TO THE CHRISTILLUSTRATED.COM STORE FOR NONCOMPLIANCE WITH ANY PART OF THIS AGREEMENT.
1. Definition of the ChristIllustrated.com Store Service. ChristIllustrated.com is the provider of the ChristIllustrated.com Store (the "Service") that permits you to purchase books, media, service and perk packages, 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. ChristIllustrated.com may terminate your rights to any or all of the Service if any information you provide is false, inaccurate or incomplete. You agree that ChristIllustrated.com 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 ChristIllustrated.com of any unauthorized use of your Account or any other breach of security. ChristIllustrated.com 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 ("Electronic Products"), includes technology that protects digital information and limits your usage of Products to certain usage rules established by ChristIllustrated.com 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 ChristIllustrated.com for compliance purposes, and ChristIllustrated.com 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 ChristIllustrated.com 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. Agreement to Pay.
a. Payment for Products. You agree to pay for all Products you purchase through the Service, and that ChristIllustrated.com 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 CHRISTILLUSTRATED.COM 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 ChristIllustrated.com 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.
7. 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 ChristIllustrated.com.
8. 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 ChristIllustrated.com 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 ChristIllustrated.com Content or Other Materials. Notwithstanding any other provision of this Agreement, ChristIllustrated.com 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 ChristIllustrated.com be liable for the removal of or disabling of access to any such Products, content or materials under this Agreement. ChristIllustrated.com 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 ChristIllustrated.com Store (including the compilation of content, postings, links to other Internet resources, and descriptions of those resources), and software, are owned by ChristIllustrated.com 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. ChristIllustrated.com, the ChristIllustrated.com logo, and other ChristIllustrated.com trademarks, service marks, graphics, and logos used in connection with the Service are trademarks or registered trademarks of ChristIllustrated.com 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.
e. Cover Art. As an account holder of the Service in good standing, ChristIllustrated.com may provide you with limited access to download certain cover art for audio stored in the ChristIllustrated.com media servers, subject to availability. Such access is provided as an accommodation only, and ChristIllustrated.com does not warrant or endorse and does not assume and will not have any liability or responsibility for such cover art or your use thereof. You may only access cover art (to the extent available) for audio for which you are the lawful owner of a legal copy. Cover art is provided for personal, noncommercial use only. You agree that you will not use album cover art in any manner that would infringe or violate these Terms of Service or the rights of any other party, and that ChristIllustrated.com is not in any way responsible for any such use by you.
a. Termination by ChristIllustrated.com. If you fail, or ChristIllustrated.com 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 ChristIllustrated.com 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, ChristIllustrated.com, 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. ChristIllustrated.com 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 ChristIllustrated.com will not be liable to you or to any third party should it exercise such rights.
10. General Compliance with Laws. The Service is controlled and operated by ChristIllustrated.com 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.
11. Enforcement of These Terms. ChristIllustrated.com reserves the right to takes steps ChristIllustrated.com believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to ChristIllustrated.com ‘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 ChristIllustrated.com 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 ChristIllustrated.com believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to ChristIllustrated.com’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).
12. 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, ChristIllustrated.com may provide links to certain third party Web sites. You acknowledge and agree that ChristIllustrated.com is not responsible for examining or evaluating the content or accuracy of any such third-party material or Web sites. ChristIllustrated.com 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 ChristIllustrated.com is not in any way responsible for any such use by you.
13. Disclaimer of Warranties; Liability Limitations.
a. CHRISTILLUSTRATED.COM 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 CHRISTILLUSTRATED.COM 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 CHRISTILLUSTRATED.COM) 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. CHRISTILLUSTRATED.COM 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 CHRISTILLUSTRATED.COM HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.
d. CHRISTILLUSTRATED.COM DOES NOT REPRESENT OR GUARANTEE THAT THE SERVICE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND CHRISTILLUSTRATED.COM DISCLAIMS ANY LIABILITY RELATING THERETO. YOU SHALL BE RESPONSIBLE FOR BACKING UP YOUR OWN SYSTEM, INCLUDING ANY ELECTRONIC PRODUCTS PURCHASED FROM THE CHRISTILLUSTRATED.COM STORE THAT ARE STORED IN YOUR SYSTEM.
14. Waiver and Indemnity. BY USING THE SERVICE, YOU AGREE TO INDEMNIFY AND HOLD CHRISTILLUSTRATED.COM, 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 CHRISTILLUSTRATED.COM 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 CHRISTILLUSTRATED.COM, 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 CHRISTILLUSTRATED.COM’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.
15. Changes. ChristIllustrated.com 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 ChristIllustrated.com 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.
16. Notices. ChristIllustrated.com may send you notice with respect to the Service by sending an email message to the email address listed in your ChristIllustrated.com Account contact information, by sending a letter via postal mail to the contact address listed in your ChristIllustrated.com Account contact information, or by a posting on the ChristIllustrated.com Store. Notices shall become effective immediately.
17. Governing Law. The laws of the State of California, excluding its conflicts of law rules, govern these Terms and your use of the Service. Your use of the Service may also be subject to other local, state, national, or international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with ChristIllustrated.com or relating in any way to your use of the Service resides in the courts of the State of California.
18. Miscellaneous. These Terms of Service constitute the entire agreement between you and ChristIllustrated.com and govern your use of the Service, superseding any prior agreements between you and ChristIllustrated.com. 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. ChristIllustrated.com’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. ChristIllustrated.com will not be responsible for failures to fulfill any obligations due to causes beyond its control.