Terms
of Use
1. Your
Acceptance
A. By using
and/or visiting this website (collectively, including
all content and functionality available through the
SonofGodTV.com
domain name, the "SonofGodTV Website", or "Website"), you
signify your agreement to (1) these terms and conditions
(the "Terms of Service"), (2)SonofGodTV's privacy notice,
found incorporated here by reference. If you do not
agree to any of these terms, and the SonofGodTV privacy
notice, please do not use the SonofGodTV.com Website.
B. Although we
may attempt to notify you when major changes are made to
these Terms of Service, you should periodically review
the most up-to-date version.
SonofGodTV may,
in its sole discretion, modify or revise these Terms of
Service and policies at any time, and you agree to be
bound by such modifications or revisions. Nothing in
this Agreement shall be deemed to confer any third-party
rights or benefits.
2. SonofGodTV
Website
A. These Terms
of Service apply to all users of the SonofGodTV Website,
including users who are also contributors of video
content, information, and other materials or services on
the Website. The SonofGodTV Website includes all aspects
of SonofGodTV, including but not limited to all products,
software and services offered via the website such as
the SonofGodTV channels, the SonofGodTV "Embeddable Player,"
the SonofGodTV "Up-loader" and other applications.
B. The
SonofGodTV
Website may contain links to third party websites that
are not owned or controlled by SonofGodTV. SonofGodTV has no
control over, and assumes no responsibility for, the
content, privacy policies, or practices of any third
party websites. In addition, SonofGodTV will not and
cannot censor or edit the content of any third-party
site. By using the Website, you expressly relieve
SonofGodTV from any and all liability arising from your
use of any third-party website.
C. Accordingly,
we encourage you to be aware when you leave the
SonofGodTV
Website and to read the terms and conditions and privacy
policy of each other website that you visit.
3. SonofGodTV
Accounts
A. In order to
access some features of the Website, you will have to
create a SonofGodTV account. You may never use another's
account without permission. When creating your account,
you must provide accurate and complete information. You
are solely responsible for the activity that occurs on
your account, and you must keep your account password
secure. You must notify SonofGodTV immediately of any
breach of security or unauthorized use of your account.
B. Although
SonofGodTV will not be liable for your losses caused by
any unauthorized use of your account, you may be liable
for the losses of SonofGodTV or others due to such
unauthorized use.
4. General Use
of the Website -- Permissions and Restrictions
SonofGodTV hereby
grants you permission to access and use the Website as
set forth in these Terms of Service, provided that:
A. You agree
not to distribute in any medium any part of the Website,
including but not limited to User Submissions (defined
below), without SonofGodTV's prior written authorization.
B. You agree
not to alter or modify any part of the Website,
including but not limited to SonofGodTV's Embeddable
Player, code or any of its related technologies.
C. You agree
not to access User Submissions (defined below) or
SonofGodTV Content through any technology or means other
than the video playback pages of the Website itself, the
SonofGodTV Embeddable Player, or other explicitly
authorized means SonofGodTV may designate.
D. You agree
not to use the Website, including the SonofGodTV
Embeddable Player for any commercial use, without the
prior written authorization of SonofGodTV. Prohibited
commercial uses include any of the following actions
taken without SonofGodTV's express approval:
-
sale of
access to the Website or its related services (such
as the Embeddable Player) on another website;
-
use of the
Website or its related services (such as the
Embeddable Player), for the primary purpose of
gaining advertising or subscription revenue;
-
the sale of
advertising, on the SonofGodTV website or any
third-party website, targeted to the content of
specific User Submissions or SonofGodTV content;
-
and any use
of the Website or its related services (such as the
Embeddable player) that SonofGodTV finds, in its sole
discretion, to use SonofGodTV's resources or User
Submissions with the effect of competing with or
displacing the market for SonofGodTV, SonofGodTV
content, or its User Submissions.
E. Prohibited
commercial uses do not include:
-
uploading
an original HD video to SonofGodTV, or maintaining an
original channel on SonofGodTV, to promote your
business or artistic enterprise;
-
using the
Embeddable Player to show SonofGodTV videos on an
ad-enabled blog or website, provided the primary
purpose of using the Embeddable Player is not to
gain advertising revenue or compete with SonofGodTV;
-
any use
that SonofGodTV expressly authorizes in writing.
(For more
information about what constitutes a prohibited
commercial use, FAQs.)
F. If you use
the SonofGodTV Embeddable Player on your website, you must
include a prominent link back to the SonofGodTV website on
the pages containing the Embeddable Player and you may
not modify, build upon, or block any portion of the
Embeddable Player in any way.
G. If you use
the SonofGodTV Up-loader, you agree that it may
automatically download and install updates from time to
time from SonofGodTV. These updates are designed to
improve, enhance and further develop the Up-loader and
may take the form of bug fixes, enhanced functions, new
software modules and completely new versions. You agree
to receive such updates (and permit SonofGodTV to deliver
these to you) as part of your use of the Up-loader.
H. You agree
not to use or launch any automated system, including
without limitation, "robots," "spiders," or "offline
readers," that accesses the Website in a manner that
sends more request messages to the SonofGodTV servers in a
given period of time than a human can reasonably produce
in the same period by using a conventional on-line web
browser. Notwithstanding the foregoing, SonofGodTV grants
the operators of public search engines permission to use
spiders to copy materials from the site for the sole
purpose of and solely to the extent necessary for
creating publicly available searchable indices of the
materials, but not caches or archives of such materials.
SonofGodTV reserves the right to revoke these exceptions
either generally or in specific cases. You agree not to
collect or harvest any personally identifiable
information, including account names, from the Website,
nor to use the communication systems provided by the
Website (e.g. comments, email) for any commercial
solicitation purposes. You agree not to solicit, for
commercial purposes, any users of the Website with
respect to their User Submissions.
I. In your use
of the website, you will otherwise comply with the terms
and conditions of these Terms of Service, SonofGodTV
Community Guidelines, and all applicable local,
national, and international laws and regulations.
J. You agree all
content is submitted in the English language, including
video, Titles, descriptions, tags and forum content.
K. SonofGodTV
reserves the right to discontinue any aspect of the
SonofGodTV Website at any time.
5. Your Use of
Content on the Site
In addition to
the general restrictions above, the following
restrictions and conditions apply specifically to your
use of content on the SonofGodTV Website.
A. The content
on the SonofGodTV.com Website, except all User Submissions (as
defined below), including without limitation, the text,
software, scripts, graphics, photos, sounds, music,
videos, interactive features and the like ("Content")
and the trademarks, service marks and logos contained
therein ("Marks"), are owned by or licensed to
SonofGodTV.com,
subject to copyright and other intellectual property
rights under the law. Content on the Website is provided
to you "AS IS" for your information and personal use
only and may not be downloaded, copied, reproduced,
distributed, transmitted, broadcast, displayed, sold,
licensed, or otherwise exploited for any other purposes
whatsoever without the prior written consent of the
respective owners. SonofGodTV reserves all rights not
expressly granted in and to the Website and the Content.
B. You may
access User Submissions solely:
"Streaming"
means a contemporaneous digital transmission of an
audiovisual work via the Internet from the SonofGodTV
Service to a user's device in such a manner that the
data is intended for real-time viewing and not intended
to be copied, stored, permanently downloaded, or
redistributed by the user. Accessing User Videos for any
purpose or in any manner other than Streaming is
expressly prohibited. User Videos are made available "as
is."
C. User
Comments are made available to you for your information
and personal use solely as intended through the normal
functionality of the SonofGodTV Service. User Comments are
made available "as is", and may not be used, copied,
reproduced, distributed, transmitted, broadcast,
displayed, sold, licensed, downloaded, or otherwise
exploited in any manner not intended by the normal
functionality of the SonofGodTV Service or otherwise as
prohibited under this Agreement.
D. You may
access SonofGodTV Content, User Submissions and other
content only as permitted under this Agreement.
SonofGodTV
reserves all rights not expressly granted in and to the
SonofGodTV Content and the SonofGodTV Service.
E. You agree to
not engage in the use, copying, or distribution of any
of the Content other than expressly permitted herein,
including any use, copying, or distribution of User
Submissions of third parties obtained through the
Website for any commercial purposes.
F. You agree
not to circumvent, disable or otherwise interfere with
security-related features of the SonofGodTV Website or
features that prevent or restrict use or copying of any
Content or enforce limitations on use of the SonofGodTV
Website or the Content therein.
G. You
understand that when using the SonofGodTV Website, you
will be exposed to User Submissions from a variety of
sources, and that SonofGodTV is not responsible for the
accuracy, usefulness, safety, or intellectual property
rights of or relating to such User Submissions. You
further understand and acknowledge that you may be
exposed to User Submissions that are inaccurate,
offensive, indecent, or objectionable, and you agree to
waive, and hereby do waive, any legal or equitable
rights or remedies you have or may have against
SonofGodTV
with respect thereto, and agree to indemnify and hold
SonofGodTV, its Owners/Operators, affiliates, and/or
licensors, harmless to the fullest extent allowed by law
regarding all matters related to your use of the site.
6. Your User
Submissions and Conduct
A. As a
SonofGodTV account holder you may submit video content
("User Videos"), audio content ("User Audio") and
textual content ("User Comments") in the
English language. User Videos, Audios
and User Comments are collectively referred to as "User
Submissions." You understand that whether or not such
User Submissions are published, SonofGodTV does not
guarantee any confidentiality with respect to any User
Submissions.
B. You shall be
solely responsible for your own User Submissions and the
consequences of posting or publishing them. In
connection with User Submissions, you affirm, represent,
and/or warrant that: you own or have the necessary
licenses, rights, consents, and permissions to use and
authorize SonofGodTV to use all patent, trademark, trade
secret, copyright or other proprietary rights in and to
any and all User Submissions to enable inclusion and use
of the User Submissions in the manner contemplated by
the Website and these Terms of Service.
C. For clarity,
you retain all of your ownership rights in your User
Submissions. However, by submitting User Submissions to
SonofGodTV, you hereby grant SonofGodTV a worldwide,
non-exclusive, royalty-free, sublicenseable and
transferable license to use, reproduce, distribute,
prepare derivative works of, display, and perform the
User Submissions in connection with the SonofGodTV Website
and SonofGodTV's (and its successors' and affiliates')
Churches, Ministries and businesses, including without
limitation for promoting and redistributing part or all
of the SonofGodTV Website (and derivative works thereof)
in any media formats and through any media channels. You
also hereby grant each user of the SonofGodTV Website a
non-exclusive license to access your User Submissions
through the Website, and to use, reproduce, distribute,
display and perform such User Submissions as permitted
through the functionality of the Website and under these
Terms of Service. The above licenses granted by you in
User Videos terminate within a commercially reasonable
time after you remove or delete your User Videos from
the SonofGodTV Service. You understand and agree, however,
that SonofGodTV may retain, but not display, distribute,
or perform, server copies of User Submissions that have
been removed or deleted. The above licenses granted by
you in User Comments are perpetual and irrevocable.
D. In
connection with User Submissions, you further agree that
you will not submit material that is copyrighted,
protected by trade secret or otherwise subject to third
party proprietary rights, including privacy and
publicity rights, unless you are the owner of such
rights or have permission from their rightful owner to
post the material and to grant SonofGodTV all of the
license rights granted herein.
E. You further
agree that you will not, in connection with User
Submissions, submit material that is contrary to the
SonofGodTV Guidelines, which may be updated from time to
time, or contrary to applicable local, national, and
international laws and regulations.
F. SonofGodTV
does not endorse any User Submission or any opinion,
recommendation, or advice expressed therein, and
SonofGodTV expressly disclaims any and all liability in
connection with User Submissions. SonofGodTV does not
permit copyright infringing activities and infringement
of intellectual property rights on its Website, and
SonofGodTV will remove all Content and User Submissions if
properly notified that such Content or User Submission
infringes on another's intellectual property rights.
SonofGodTV reserves the right to remove Content and User
Submissions without prior notice.
G. All
submissions shall expressly be submitted in the English
language and contain English dialog.
7. Account
Termination Policy
A.
SonofGodTV.com
will terminate a User's access to its Website if, under
appropriate circumstances, they are determined to be a
repeat infringer.
B.
SonofGodTV.com
reserves the right to decide whether Content or a User
Submission is appropriate and complies with these Terms
of Service for violations other than copyright
infringement, such as, but not limited to, pornography,
obscene or defamatory material or excessive in length.
SonofGodTV may
remove such User Submissions and/or terminate a User's
access for uploading such material in violation of these
Terms of Service at any time, without prior notice and
at its sole discretion.
8. Digital
Millennium Copyright Act
A. If you are a
copyright owner or an agent thereof and believe that any
User Submission or other content infringes upon your
copyrights, you may submit a notification pursuant to
the Digital Millennium Copyright Act ("DMCA") by
providing our Copyright Agent with the following
information in writing (see 17 U.S.C 512(c)(3) for
further detail):
-
A physical
or electronic signature of a person authorized to
act on behalf of the owner of an exclusive right
that is allegedly infringed;
-
Identification of the copyrighted work claimed to
have been infringed, or, if multiple copyrighted
works at a single online site are covered by a
single notification, a representative list of such
works at that site;
-
Identification of the material that is claimed to be
infringing or to be the subject of infringing
activity and that is to be removed or access to
which is to be disabled and information reasonably
sufficient to permit the service provider to locate
the material;
-
Information
reasonably sufficient to permit the service provider
to contact you, such as an address, telephone
number, and, if available, an electronic mail;
-
A statement
that you have a good faith belief that use of the
material in the manner complained of is not
authorized by the copyright owner, its agent, or the
law; and
-
A statement
that the information in the notification is
accurate, and under penalty of perjury, that you are
authorized to act on behalf of the owner of an
exclusive right that is allegedly infringed.
SonofGodTV's
designated Copyright Agent to receive notifications of
claimed infringement is:
Contact Us
You acknowledge that if you fail to comply with all of
the requirements of this Section 5(D), your DMCA notice
may not be valid.
B.
Counter-Notice. If you believe that your User Submission
that was removed (or to which access was disabled) is
not infringing, or that you have the authorization from
the copyright owner, the copyright owner's agent, or
pursuant to the law, to post and use the content in your
User Submission, you may send a counter-notice
containing the following information to the Copyright
Agent:
Contact Us
-
Your
physical or electronic signature;
-
Identification of the content that has been removed
or to which access has been disabled and the
location at which the content appeared before it was
removed or disabled;
-
A statement
that you have a good faith belief that the content
was removed or disabled as a result of mistake or a
misidentification of the content; and
-
Your name,
address, telephone number, and e-mail address, a
statement that you consent to the jurisdiction of
the federal court in Dallas, Texas, and a statement
that you will accept service of process from the
person who provided notification of the alleged
infringement.
If a
counter-notice is received by the Copyright Agent,
SonofGodTV may send a copy of the counter-notice to the
original complaining party informing that person that it
may replace the removed content or cease disabling it in
10 business days. Unless the copyright owner files an
action seeking a court order against the content
provider, member or user, the removed content may be
replaced, or access to it restored, in 10 to 14 business
days or more after receipt of the counter-notice, at
SonofGodTV's sole discretion.
9. Warranty
Disclaimer
YOU AGREE THAT
YOUR USE OF THE SonofGodTV
WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST
EXTENT PERMITTED BY LAW, SonofGodTV, ITS OFFICERS,
DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL
WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE
WEBSITE AND YOUR USE THEREOF. SonofGodTV MAKES NO
WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR
COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF
ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY
OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR
INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR
PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING
FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY
UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS
AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL
INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR
CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV)
ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY
BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD
PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT
OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A
RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED,
TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE
SonofGodTV WEBSITE. SonofGodTV DOES NOT WARRANT, ENDORSE,
GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR
SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH
THE SonofGodTV WEBSITE OR ANY HYPERLINKED WEBSITE OR
FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND
SonofGodTV WILL NOT BE A PARTY TO OR IN ANY WAY BE
RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU
AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS
WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY
MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST
JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
10. Limitation
of Liability
IN NO EVENT
SHALL SonofGodTV, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR
AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES
WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR
INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR
PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING
FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY
UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS
AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL
INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR
CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV)
ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY
BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD
PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT
OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A
RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED,
TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE
SonofGodTV WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT,
TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE
COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE
FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE
JURISDICTION.
YOU
SPECIFICALLY ACKNOWLEDGE THAT SonofGodTV SHALL NOT BE
LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY,
OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND
THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS
ENTIRELY WITH YOU.
The Website is
controlled and offered by SonofGodTV from its facilities
in the United States of America. SonofGodTV makes no
representations that the SonofGodTV Website is appropriate
or available for use in other locations. Those who
access or use the SonofGodTV Website from other
jurisdictions do so at their own volition and are
responsible for compliance with local law.
11. Indemnity
You agree to
defend, indemnify and hold harmless SonofGodTV, its parent
corporation, officers, directors, employees, proprietors
and agents, from and against any and all claims,
damages, obligations, losses, liabilities, costs or
debt, and expenses (including but not limited to
attorney's fees) arising from: (i) your use of and
access to the SonofGodTV Website; (ii) your violation of
any term of these Terms of Service; (iii) your violation
of any third party right, including without limitation
any copyright, property, or privacy right; or (iv) any
claim that one of your User Submissions caused damage to
a third party. This defense and indemnification
obligation will survive these Terms of Service and your
use of the SonofGodTV Website.
12. Ability to
Accept Terms of Service
You affirm that
you are either more than 18 years of age, or an
emancipated minor, or possess legal parental or guardian
consent, and are fully able and competent to enter into
the terms, conditions, obligations, affirmations,
representations, and warranties set forth in these Terms
of Service, and to abide by and comply with these Terms
of Service. In any case, you affirm that you are over
the age of 13, as the SonofGodTV Website is not intended
for children under 13. If you are under 13 years of age,
then please do not use the SonofGodTV Website. There are
lots of other great web sites for you. Talk to your
parents about what sites are appropriate for you.
13. Assignment
These Terms of
Service, and any rights and licenses granted hereunder,
may not be transferred or assigned by you, but may be
assigned by SonofGodTV without restriction.
14. General
You agree that:
(i) the SonofGodTV Website shall be deemed solely based
in Texas; and (ii) the SonofGodTV Website shall be
deemed a passive website that does not give rise to
personal jurisdiction over SonofGodTV, either specific
or general, in jurisdictions other than Texas. These
Terms of Service shall be governed by the internal
substantive laws of the State of Texas, without respect
to its conflict of laws principles. Any claim or dispute
between you and SonofGodTV that arises in whole or in
part from the SonofGodTV Website shall be decided
exclusively by a court of competent jurisdiction located
in Dallas County, Texas. These Terms of Service,
together with the Privacy Notice and any other legal
notices published by SonofGodTV on the Website, shall
constitute the entire agreement between you and
SonofGodTV concerning the SonofGodTV Website. If any
provision of these Terms of Service is deemed invalid by
a court of competent jurisdiction, the invalidity of
such provision shall not affect the validity of the
remaining provisions of these Terms of Service, which
shall remain in full force and effect. No waiver of any
term of this these Terms of Service shall be deemed a
further or continuing waiver of such term or any other
term, and SonofGodTV's failure to assert any right or
provision under these Terms of Service shall not
constitute a waiver of such right or provision.
SonofGodTV reserves the right to amend these Terms of
Service at any time and without notice, and it is your
responsibility to review these Terms of Service for any
changes. Your use of the SonofGodTV Website following
any amendment of these Terms of Service will signify
your assent to and acceptance of its revised terms. YOU
AND SonofGodTV AGREE THAT ANY CAUSE OF ACTION ARISING
OUT OF OR RELATED TO THE SonofGodTV WEBSITE MUST
COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION
ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY
BARRED. |
