Effective August 31, 2013
AND THE WOMENOFFAITH.COM TERMS AND CONDITIONS
(COLLECTIVELY, THE “AGREEMENT”). YOU ACCEPT AND AGREE TO THE TERMS OF THIS AGREEMENT BY CLICKING “WATCH NOW”, “DOWNLOAD”, “BUY”, OR THEIR EQUIVALENT ON THE WOMENOFFAITH.COM DOWNLOAD OFFER PAGE.
1. THE SERVICE
The WOF Media Download service (the “Service”) offers digitized versions of WOF events and other audio or video content (collectively, “Digital Content”) and other services under certain terms and conditions as set forth in this Agreement. The Service allows you to access, view and download Digital Content in two different ways: by streaming a copy, or by downloading a copy. Some Digital Content may be available for streaming only, some Digital Content may be available for download only, and some Digital Content may be available for streaming and download.
2. COMPATIBLE DEVICES
In order to be able to stream or download Digital Content from the Service and to view Digital Content on the Service, you will need to use a personal computer, portable media player, or other device that meets the system and compatibility requirements that we establish from time to time and is otherwise capable of interacting with the Service (each such device, a “Compatible Device”). We may change the requirements for Compatible Devices from time to time and, in some cases, whether a device is (or remains) a Compatible Device may depend on software or systems provided or maintained by the device manufacturer or other third parties. As a result, devices that are Compatible Devices at one time may cease to be Compatible Devices in the future.
3. DIGITAL CONTENT
The Service allows you to access Digital Content on a free or promotional basis for viewing over a limited period of time (“Free Digital Content”). The basis on which Digital Content is available on the Service will be indicated on the page where that Digital Content is offered on the Service. From time to time, we may add or remove Digital Content from the Service and may change the basis on which Digital Content is available on the Service.
b. Usage Rules.
Your use of the Digital Content is subject to the Usage Rules (the “Usage Rules”) for the particular content provided. You may stream provided videos online through your Web browser. You may stream the same video to no more than one device at a time. You may also choose to download the videos provided to two compatible download devices (such as a PC or Mac). You may watch and re-watch the downloaded video as often as you want and as long as you want, as long as it is for Non-Commercial, Private Use only. Any streamed content may only be available for a limited time, subject to OUR sole determination.
c. License to Digital Content
. Subject to either (1) your registration for an event with a specific promotional code that included a digital download upon successful payment received for registration to that event; or (2) your registration to watch a streamed webcast on www.womenoffaith.com
; or otherwise obtain access to Digital Content, and your compliance with all other terms we specify for Digital Content or the Service, WOF grants you a non-exclusive, non-transferable, non-sublicensable, limited right and license, during the applicable viewing period, to access, view, use and display the Digital Content in accordance with the Usage Rules, for Non-Commercial, Private Use. As used herein, “Non-Commercial, Private Use” means a presentation of Digital Content for which no fee or consideration of any kind (other than that which you pay to us to view the Digital Content) is charged or received, which takes place in your private home or apartment or, if outside your private home or apartment (e.g., in a hotel room, dorm room, office, or airport waiting lounge) is limited to a private viewing for you and your invitees. Non-Commercial, Private Use specifically excludes any public presentation (e.g., a presentation in a dorm lounge) and any presentation by a place of public accommodation (e.g. a church), or other commercial establishment (e.g., a bar or restaurant), even if no fee is charged for viewing the Digital Content, without first seeking permission from WOF.
d. Availability of Digital Content
. Digital Content will generally continue to be available to you for download or streaming from the Service, as applicable, but may become unavailable due to potential content provider licensing restrictions and for other reasons, and WOF will not be liable to you if Digital Content becomes unavailable for further download or streaming. You may download and store your own copy of Digital Content on a Compatible Device authorized for such download so that you can view that Digital Content if it becomes unavailable for further download or streaming from the Service.
e. Downloading and Risk of Loss.
If you plan to download Digital Content, we encourage you to do so promptly after you become aware of the availability of such Digital Content. Once we make the Digital Content available to you, you are responsible for completing the download, if you choose to download, and for all risk of loss of the Digital Content after download.
When you stream Digital Content, the resolution and quality of the Digital Content you receive will depend on a number of factors, including the type of Compatible Device on which you are streaming the Digital Content and your bandwidth, which may go up and down over the course of your viewing. If we detect that Digital Content we are streaming to you may be interrupted or may otherwise not play properly due to bandwidth constraints or other factors, we may decrease the resolution and file size of the Digital Content we stream to you in an effort to provide an uninterrupted viewing experience. While we strive to provide you a high quality viewing experience, we make no guarantee as to the resolution or quality of the Digital Content you will receive when streaming, even if you have paid extra for access to high definition content.
g. General Restrictions.
You may not transfer, copy or display the Digital Content, except as permitted in this Agreement. In addition, you may not: (i) sell, rent, lease, distribute, broadcast, sublicense or otherwise assign any right to the Digital Content to any third party; (ii) remove any proprietary notices or labels on the Digital Content; (iii) attempt to disable, bypass, modify, defeat, or otherwise circumvent any digital rights management system used as part of the Service; or, (iv) use the Service or Digital Content for any commercial or illegal purpose.
a. Use of the Software
. We may make available to you certain third party software for your use in connection with the Service (the “Software”). Special terms shall apply to your use of any such Software. Make sure to review and accept all such terms as available from such third party before your use.
b. Information Provided to WOF.
5. LIMITED TO UNITED STATES
Due to restrictions placed on us by our content providers, we are currently only able to make the Service available to customers located in the United States. We regret that you may not use the Service if you are outside of the United States. “United States” refers to the 48 contiguous United States, the District of Columbia, Alaska, Hawaii and Puerto Rico.
6. ALL DOWNLOADS AND SALES FINAL.
All downloads and/or purchases of Digital Content are final. We do not accept returns of Digital Content
7. ADDITIONAL TERMS
. If you violate any of the terms or conditions of this Agreement, your rights under this Agreement will automatically terminate without notice from US, and WOF may, in its discretion, immediately revoke your access to the Service without notice to you and without refund of any fees. In such event, you must delete all copies of Digital Content that you have downloaded, and WOF shall have the right, without notice to you, to automatically discontinue your access to Digital Content from the Service.
b. Explicit Content
. You understand that by using the Service, you may encounter content that may be deemed offensive, indecent or objectionable, which content may or may not be identified as having explicit language or other features. Nevertheless, you agree to use the Service at your sole risk, and WOF shall have no liability to you for content that may be found to be offensive, indecent or objectionable.
c. Modification of Service
. WOF reserves the right to modify, suspend, or discontinue the Service, or any part thereof, at any time and without notice to you, and WOF will not be liable to you should it exercise such rights, even if your use of Digital Content is impacted by the change.
. WOF reserves the right to make changes to this Agreement at any time. Your continued use of the Service following any such changes will constitute your acceptance of such changes.
e. Third-Party Beneficiaries
. Content providers providing Digital Content that you download or view on the Service are intended third-party beneficiaries under this Agreement.
f. Governing Law / Arbitration. Any dispute or claim arising from or relating to the Agreement or the Service is subject to the arbitration, governing law, disclaimer of warranties and limitation of liability and all other terms in the WomenOfFaith.com Terms and Conditions at www.womenoffaith.com/terms-and-conditions. You agree to those terms by entering into the Agreement or using the Service.
g. Limitation of Liability.
Without limiting the disclaimer of warranties and limitation of liability in the WomenOfFaith.com Terms and Conditions: (i) in no event shall OUR or OUR software licensors’ total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) arising out of or related to your use or inability to use the Software exceed the amount of fifty dollars ($50.00); and (ii) in no event shall our or our Digital Content providers’ total liability to you for all damages arising from your use of the Service, the Digital Content, or information, materials or products included on or otherwise made available to you through the Service, exceed the amount you paid to us to purchase or view the Digital Content related to your claim for damages. These limitations will apply to you even if the remedies fail of their essential purpose.
h. Contact Information
. For communications concerning this Agreement, please write to US,
Women of Faith
9601 Wilshire Blvd. FL3
Beverly Hills, CA 90210