Elevate Kids Now Terms And Conditions
THIS IS AN AGREEMENT BETWEEN YOU AND FELLOWSHIP CHURCH (“FC”). BEFORE USING THE FELLOWSHIP CHURCH ONLINE STORE (THE “SERVICE”), PLEASE READ THESE TERMS OF USE, ALL RULES AND POLICIES RELATED TO THE SERVICE (INCLUDING, BUT NOT LIMITED TO, ANY PRODUCT-SPECIFIC RULES OR USAGE PROVISIONS SPECIFIED ON ANY PRODUCT DETAIL PAGE OR IN ANY LINK FROM A PRODUCT DETAIL PAGE). FC IS THE PROVIDER OF THE SERVICE, WHICH PERMITS YOU TO PURCHASE DIGITAL CONTENT (“PRODUCTS”) FOR END USER USE ONLY UNDER THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT. IF YOU USE THE SERVICE, YOU WILL BE BOUND BY THE TERMS OF USE.
TERMS OF SALE
PAYMENTS, TAXES, AND REFUND POLICY
FC’s online purchase services (“Services”) accept these forms of payment: credit cards and debit cards issued by U.S. banks. If a credit card or debit card is being used for a transaction, FC may obtain preapproval for an amount up to the amount of the order. Billing occurs at the time your transaction is processed.
You agree that you will pay for all products you purchase through the Services, and that FC may charge your credit card for any products purchased and for any additional amounts (including taxes, as applicable) that may be accrued by or in connection with your purchase. YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL FEES AND FOR PROVIDING FC WITH A VALID CREDIT CARD FOR PAYMENT OF ALL FEES. All fees will be billed to the credit card you designate during the checkout process. Your total price will include the price of the product plus any applicable sales tax; such sales tax is based on the bill-to address and the sales tax rate in effect at the time you download the product. We will charge tax only in states where digital goods are taxable.
All sales of products are final.
Prices for products offered via the Services may change at any time, and the Services do not provide price protection or refunds in the event of a price reduction or promotional offering.
If a product becomes unavailable following a transaction but prior to download, your sole remedy is a refund. If technical problems prevent or unreasonably delay delivery of your product, your exclusive and sole remedy is either replacement or refund of the price paid, as determined by FC.
FC and its shipping partners do not guarantee delivery and are not responsible for packages that are not delivered due to Acts of God/Inclement Weather/shipper mechanical malfunctions.
PRE-ORDERS
By pre-ordering products, you are authorizing the Services to automatically charge your account when your order is processed. You may cancel your pre-order prior to the time the item becomes available.
ELECTRONIC CONTRACTING
Your use of the Services includes the ability to enter into agreements and/or to make transactions electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND TRANSACTIONS. 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. In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility. FC is not responsible for typographic errors.
INTERNET STORE TERMS AND CONDITIONS
REQUIREMENTS FOR USE OF THE SERVICE
This Service is available for individuals aged 18 years or older. The Service is available to you only in the United States, its territories, and possessions. You agree not to use or attempt to use the Service from outside these locations. FC may use technologies to verify your compliance.
Use of the Service requires compatible devices, Internet access, and certain software (fees may apply); may require periodic updates; and may be affected by the performance of these factors. High-speed Internet access is strongly recommended for regular use. You agree that these requirements, which may change 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.
YOUR ACCOUNT
As a registered user of the Service, you may establish an account (“Account”). Do not reveal your Account information to anyone else. You are solely responsible for maintaining the confidentiality and security of your Account and for all activities that occur on or through your Account, and you agree to immediately notify FC of any security breach of your Account. FC shall not be responsible for any losses arising out of the unauthorized use of your Account.
You agree to provide accurate and complete information when you register with, and as you use, the Service (“Registration Data”), and you agree to update your Registration Data to keep it accurate and complete. You agree that FC may store and use the Registration Data you provide for use in maintaining and billing fees to your Account.
CONTENT AVAILABILITY
FC reserves the right to change content options (including eligibility for particular features) without notice.
USE OF PURCHASE
You agree that the Service and certain Products may include security technology that limits your use of Products and that, whether or not Products are limited by security technology, you shall use Products in compliance with the applicable usage rules established by FC and its licensors (“Usage Rules”), and that any other use of the Products may constitute a copyright infringement. Any security technology is an inseparable part of the Products. FC reserves the right to modify the Usage Rules at any time. You agree not to violate, circumvent, reverse-engineer, decompile, disassemble, or otherwise tamper with any of the security technology related to such Usage Rules for any reason—or to attempt or assist another person to do so. Usage Rules may be controlled and monitored by FC for compliance purposes, and FC reserves the right to enforce the Usage Rules without notice to you. You agree not to access the Service by any means other than through software that is provided by FC for accessing the Service. You shall not access or attempt to access an Account that you are not authorized to access. You agree not to modify the software in any manner or form, or to use modified versions of the software, for any purposes including obtaining unauthorized access to the Service. Violations of system or network security may result in civil or criminal liability.
USAGE RULES
(i) Except as otherwise provided herein, you shall be authorized to use Products for only noncommercial, nonprofit purposes including but not limited to Products marketed as curriculum, kits, song backgrounds, lyrics, series graphics, short films, and dramas.
(ii) You shall be authorized to use the following Products only for individual, personal, noncommercial use: MP3 downloads, CDs, music charts, art, music DVDs, and conference DVDs.
(iii) You shall be authorized to download one audio file per physical location.
(iv) You shall be authorized to download one video Product file per physical location.
Products may be downloaded only once and cannot be replaced if lost for any reason. Once a Product is downloaded, it is your responsibility not to lose, destroy, or damage it, and FC shall not be liable to you if you do so.
The delivery of Products does not transfer to you any commercial or promotional use rights in the Products. Any exporting capabilities are solely an accommodation to you and shall not constitute a grant, waiver, or other limitation of any rights of the copyright owners in any content embodied in any Product. You acknowledge that, because some aspects of the Service, Products, and administration of the Usage Rules entails the ongoing involvement of FC, if FC changes any part of or discontinues the Service, which FC may do at its election, you may not be able to use Products to the same extent as prior to such change or discontinuation, and that FC shall have no liability to you in such case.
THIRD-PARTY MATERIALS
Certain content, Products, and services available via the Service may include materials from third parties. FC may provide links to third-party websites as a convenience to you. You agree that FC is not responsible for examining or evaluating the content or accuracy and FC does not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties. 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 FC is not in any way responsible for any such use by you.
INTELLECTUAL PROPERTY
You agree that the Service, including but not limited to Products, graphics, user interface, audio clips, video clips, editorial content, and the scripts and software used to implement the Service, contains proprietary information and material that is owned by FC and/or its licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright. You agree that you will not use such proprietary information or materials in any way whatsoever except for use of the Service in compliance with this Agreement. No portion of the Service may be reproduced in any form or by any means, except as expressly permitted in these terms. 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.
You understand that you are prohibited from altering the Service or the Products in any manner, whether for personal or nonprofit purposes. You further understand and agree that you are prohibited from publishing or distributing the Services or the Products in any way including but not limited to through social media, your personal or corporate websites, Vimeo, You Tube or any other sharing medium. You agree that the Service and the Products are licensed solely to you and that the license is non-transferable. You understand and agree that you will not in any way transfer or sell the Service and the Products including through resale, gift or transfer of any kind.
Notwithstanding any other provision of this Agreement, FC 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 FC be liable for making these changes. FC 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.
All copyrights in and to the Service (including the compilation of content, postings, links to other Internet resources, and descriptions of those resources) and related software are owned by FC and/or its licensors, who reserve all their rights in law and equity. THE USE OF THE SOFTWARE OR ANY PART OF THE SERVICE, EXCEPT FOR USE OF THE SERVICE AS PERMITTED IN THIS AGREEMENT, 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.
FC, Elevate, Elevate Pastors, Elevate Jr., and trademarks, service marks, graphics, and logos used in connection with the Service are trademarks or registered trademarks of Fellowship Church 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.
TERMINATION
If you fail, or FC suspects that you have failed, to comply with any of the provisions of this Agreement, FC, 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).
FC 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 FC will not be liable to you or to any third party should it exercise such rights.
DISCLAIMER OF WARRANTIES; LIABILITY LIMITATION
FC 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 FC MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU.
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 FC) 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.
IN NO CASE SHALL FC, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF ANY OF THE SERVICES OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, FC’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
FC SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE SERVICES, BUT YOU AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND FC HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.
FC DOES NOT REPRESENT OR GUARANTEE THAT THE SERVICE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND FC DISCLAIMS ANY LIABILITY RELATING THERETO. PRODUCTS CAN BE DOWNLOADED ONLY ONCE; AFTER BEING DOWNLOADED, THEY CANNOT BE REPLACED IF LOST FOR ANY REASON. YOU SHALL BE RESPONSIBLE FOR BACKING UP YOUR OWN SYSTEM, INCLUDING ANY PRODUCTS PURCHASED FROM FC THAT ARE STORED IN YOUR SYSTEM.
WAIVER AND INDEMNITY
BY USING THE SERVICE, YOU AGREE TO INDEMNIFY AND HOLD FC, 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 FC 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 FC, 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 FC’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.
CHANGES
FC reserves the right at any time to modify this Agreement and to impose new or additional terms or conditions on your use of the Service. Such modifications and additional terms and conditions will be effective immediately and incorporated into this Agreement. Your continued use of the Service will be deemed acceptance thereof.
MISCELLANEOUS
This Agreement constitutes the entire agreement between you and FC and governs your use of the Service, superseding any prior agreements between you and FC. 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 this Agreement 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. FC’s failure to enforce any right or provisions in this Agreement will not constitute a waiver of such or any other provision. FC will not be responsible for failures to fulfill any obligations due to causes beyond its control.
The Service is operated by FC 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. All transactions on the Service are governed by Texas law, without giving effect to its conflict of law provisions. Your use of the Service may also be subject to other laws. You expressly agree that exclusive jurisdiction for any claim or dispute with FC or relating in any way to your use of the Service resides in the courts of the State of Texas. Risk of loss and title for all electronically delivered transactions pass to the purchaser in Texas upon electronic transmission to the recipient. No FC employee or agent has the authority to vary this Agreement.
FC may notify you with respect to the Service by sending an email message to your Account email address or a letter via postal mail to your Account mailing address, or by a posting on the Service. Notices shall become effective immediately.
FC reserves the right to take steps FC believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement. You agree that FC 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 FC believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to FC’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).