TERM AND CONDITIONS
ARTICLE I
GENERAL
These Terms of Use (also referred to hereafter as the “Agreement”), and our Privacy Policy, as each is amended from time to time, as well as all any other rules and restrictions set forth on www.ministrypass.com, apply to you when you view, access or otherwise use the web site located at www.ministrypass.com (the “Website”) and our online services provided there through. The Website is owned by Ministry Pass, Inc. (“Ministry Pass”), with offices at 27006 Hufsmith Conroe Rd., Magnolia TX, 77354 , and for the purposes of these Terms of Use, the terms “we”, “us”, “our”, and “Ministry Pass”, refer to Ministry Pass LLC. “You” refers to you, as a user of this Website. By accessing or using the Website, you are acknowledging that you are either 18 years of age or have the consent of a legal parent or guardian and that you have read, understand and agree without limitation or qualification to be bound by these Terms of Use. If you do not agree with these Terms of Use, you do not have the right to access or otherwise use the Website and, accordingly, you should not do so. Although we may attempt to notify you if any major changes are made to these Terms of Use, you agree that each visit to the website shall be subject to the then-current Terms of Use available on the Website. Accordingly, you should check these Terms of Use periodically for changes prior to using the Website. The Website is intended for and directed to residents of the United States and all information, advertising and claims contained on the Website are valid in an applicable only to the United States.
ARTICLE II
PRIVACY POLICY AND ADDITIONAL SOFTWARE TERMS
2.01 Our Privacy Policy. In addition to these Terms of Use, your use of and access to the Website is also subject to our Privacy Policy, which is incorporated by reference herein. Our Privacy Policy contains additional terms relating to our potential collection, use and disclosure of your personal information. You agree that you have read, agreed to and understand Ministry Pass’ complete Privacy Policy.
2.02 Third Party Software Terms. In addition, in order to view certain Website Content or download Digital Content, you may be required to download and install certain third-party software products, including but not limited to Adobe Reader. All right, title and interest in such third party software products may be subject to additional terms and conditions set forth in an end user license agreement available on the applicable third party website, which you will be required to review and affirmatively accept prior to and as a condition of your downloading, installation and use of the applicable third party software.
ARTICLE III
Use of the Website and Website Content
3.01 Your Right to Use the Website. Subject to the terms and conditions in these Terms of Use and any terms applicable to your use of third party software, we grant you a nonexclusive, nontransferable, limited right to access, use and display the Website and the copyrighted text, software, music, videos, graphics, photos, interactive features, logos, trademarks and other proprietary materials and information provided hereon, including any Digital Content that you have purchased through the Website (collectively, “Website Content”), subject to the limitations set out in Section 3.03 below.
3.02 Your Rights to Digital Content. The Website provides you the ability to download certain copyrighted contents, materials and proprietary information made available by Ministry Pass and some third party owners of such content (each a “Content Provider”) to Ministry Pass for display on, and resale and redistribution by through, the Website, including without limitation, all text, software, photographs, video, graphics, music and sound contained therein (collectively, “Digital Content”). By proceeding with any download of Digital Content, you are thereby agreeing to be bound by the terms of this Agreement. Ministry Pass reserves the right to delete, remove or make unavailable any Digital Content on the Website at any time in its sole discretion without notice or liability. It is your responsibility to store and maintain any Digital Content which you have downloaded, and Ministry Pass has no liability for any loss, damage or destruction of any Digital Content after it is initially made available to you for download, including in the event that your Ministry Pass User Account is suspended or terminated for any reason.
3.03 Limitation on Use of Website Content and Digital Content. The rights granted to you under these Terms of Use with respect to the use of the Website and Digital Content are subject to the following limitations: (i) your use of the Website and the Digital Content is conditioned upon your prior acceptance of this Agreement (ii) you agree not to distribute in any medium (including any social media) any part of the Website outside of the church or related religious organization where you are employed on the date you purchased your membership to the Website (including any Digital Content without our prior written consent (iii) except with regards the church or related religious organization where you are employed on the date you purchased your membership to the Website, you agree not to copy, reproduce, distribute, display portions of, or link to this Website or any Digital Content contained hereon for commercial purposes without our prior express written consent (including, but not limited to, the sale of advertising on the Website, or the use of the Website to generate advertising or subscription revenue) (iv) any copying or exporting capabilities in connection with any Digital Content are solely an accommodation to you and shall not constitute a grant or waiver (or other limitation or implication) of any rights of the copyright owners in any Digital Content (v) you agree to use the Website and the Website Content (including any Digital Content downloaded by you) only for lawful, personal and informational purposes; and Ministry Pass reserves the right to suspend or discontinue access to all or any portion of the Website at any time. Except as otherwise permitted herein, you may not reproduce, distribute, modify, copy, publish, display, transmit, adapt, upload, create derivative works of, post or in any way exploit the Website or the Website Content in any manner or for any purpose.
3.04 Ownership and Copyright Protection. The Website and all Website Content contained thereon is protected by copyright as a collective work under United States copyright laws, and is owned or controlled by, or licensed to, Ministry Pass or the party listed as the provider of the applicable Website Content. Except as expressly stated in these Terms of Use, the Website and all Website Content is owned by or licensed to Ministry Pass to the fullest extent permitted by applicable laws. The Website and all Website Content is provided “as is” solely for your personal use and informational purposes. UNAUTHORIZED COPYING, REPRODUCTION, DISTRIBUTION, MODIFICATION, COPYING, PUBLISHING, DISPLAY, ADAPTING, UPLOADING, CREATING DERIVATIVE WORKS, POSTING, OR TRANSMITTING OF ANY OF THE WEBSITE CONTENT WITHOUT MINISTRY PASS’S CONSENT IS PROHIBITED. Ministry Pass reserves all rights not expressly granted in and to the Website and the Website Content on behalf of itself or its licensors. In downloading any materials from the Website in accordance with the limited rights granted under this Agreement, you agree to maintain and abide by all copyright, trademark and other notices contained in such Website Content, or if none, you abide by the following copyright and trademark notice with respect to such downloaded materials: The Ministry Pass logo and all associated trademarks and logos used herein are trademarks of Ministry Pass, Inc.. Other company and product names used herein are properties of their respective owners. All rights reserved.
3.05 Trademarks. “Ministry Pass” and other marks, product names and company names appearing on the Website, are trademarks and service marks of Ministry Pass and/or their respective owners, and are protected by law. They may be used publicly only with permission from Ministry Pass. Fair use of the trademarks and service marks requires proper acknowledgment in accordance with the above copyright and trademark notice.
3.06 Accuracy of Information. YOU ACKNOWLEDGE THAT WHEN YOU DOWNLOAD DIGITAL CONTENT AVAILABLE THROUGH THE WEBSITE, SUCH DIGITAL CONTENT HAS BEEN CREATED AND IS OWNED BY EITHER MINISTRY PASS OR THIRD PARTIES FROM WHOM MINISTRY PASS HAS RECEIVED THE RIGHT TO RESELL SUCH DIGITAL CONTENT, AND THAT MINISTRY PASS IS NOT RESPONSIBLE FOR THE ACCURACY, USEFULNESS, SAFETY, OR INTELLECTUAL PROPERTY RIGHTS RELATING TO ANY SUCH DIGITAL CONTENT. SUCH DIGITAL CONTENT MAY BE OFFENSIVE, INACCURATE, MISLEADING, OR OTHERWISE OBJECTIONABLE TO YOU AND UNDER NO CIRCUMSTANCES SHALL BE RELIED UPON AS A SUBSTITUTE FOR PROFESSIONAL ADVICE, AND YOU AGREE TO WAIVE, AND HEREBY DO WAIVE, ANY LEGAL OR EQUITABLE RIGHTS OR REMEDIES YOU HAVE OR MAY HAVE AGAINST MINISTRY PASS WITH RESPECT TO ANY AND ALL DIGITAL CONTENT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
3.07 Links to Other Websites and/or Materials. Links and downloads will appear on the Website that are used to link to third party website(s) (including the websites of our third party providers of Digital Content) which are not owned or operated by Ministry Pass (“Linked Sites”). These links are provided solely as a courtesy to our Website visitors. Ministry Pass reserves the right to add, change, decline or remove any link at any time. Each Linked Site may have an individual privacy policy and/or terms of use which govern your use of and access to such Linked Site and any Digital Content originating from the owner or operator of such Linked Site, and we recommend that you review the policies applicable to these sites prior to your use of such Linked Site or your purchase of Digital Content from such Linked Site. Ministry Pass is not responsible for and does not endorse or warrant in any way any Digital Content, materials, information, goods or services available through Linked Sites or any privacy or other practices of such Linked Sites.
ARTICLE IV
WEBSITE ACCOUNTS
4.01 Creating Your Ministry Pass User Account. Some areas of the Website can be accessed and viewed by you without requiring registration or login to the Website. However, in order to download Digital Content and access Digital Content via your membership account, or to access and use certain other features or areas of the Website, you will be required to create a user account with the Website (a “Ministry Pass User Account”). You are responsible for providing complete and accurate information when registering for a Ministry Pass User Account.
4.02 Accessing, Editing and Protecting Your Ministry Pass User Account. You can access, edit and update your Ministry Pass User Account information at anytime by clicking on “My Account” at the top of the Website homepage. Your Ministry Pass User Account is personal to you, and you are responsible for all activities that are conducted through or in connection with your account. You must remember your Ministry Pass User Account username and password, and you are responsible for maintaining the security of such information. If you become aware of any unauthorized access of your User Account or other breach of security, please notify us immediately. Although Ministry Pass will not be liable for your losses caused by any unauthorized use of your Ministry Pass User Account, you may be liable for the losses of Ministry Pass or others due to any unauthorized use of your Ministry Pass User Account. You may not allow any person or entity other than yourself to access or use your Ministry Pass User Account without Ministry Pass’ express written consent. If Ministry Pass becomes aware of multiple users on a single User Account, Ministry Pass may terminate or suspend your account immediately.
4.03 Termination of Your Ministry Pass User Account. You acknowledge that Ministry Pass, in its sole discretion, may terminate your Ministry Pass User Account (or any part thereof) for any reason, including, without limitation, if Ministry Pass believes that you have violated or acted inconsistently with the letter or spirit of the Agreement. Ministry Pass may also in its sole discretion and at any time discontinue providing certain Digital Content, or any part thereof, with or without notice. You agree that any termination of your access to your Ministry Pass User Account or any Digital Content under any provision of this Agreement may be effected without prior notice, and acknowledge and agree that Ministry Pass may immediately deactivate or delete your Ministry Pass User Account and/or bar any further access to the Website. Further, you agree that Ministry Pass shall not be liable to you for any termination of your access to Digital Content by the applicable Content Provider
ARTICLE V
FEES AND PAYMENTS
5.01 Fees and Payments. You agree to pay the charges or subscription fees incurred in connection with your Ministry Pass User Account at the rates in effect and as notified to you at the time when the charges are incurred. We will bill all charges automatically to the credit card information which you have provided in connection with your Ministry Pass User Account at the time of purchase or shortly thereafter. Subscription fees will be billed as set forth below. We currently accept Visa, Mastercard, American Express, and Discover. We are unable to accept credit cards issued by banks outside of the United States. UNLESS WE STATE IN WRITING OTHERWISE, ALL FEES AND CHARGES ARE NONREFUNDABLE. We may change the fees and charges then in effect, or add new fees or charges, by giving you notice in advance. All transactions conducted via the Website will include any applicable sales tax based on the bill-to address and the sales tax rate in effect at the time your transaction is completed. We will only charge tax in states where digital goods are taxable. If you want to use a different credit card or there is a change in credit card validity or expiration date, or if you believe someone has accessed Digital Content using your Ministry Pass User Account without your authorization, you must notify us immediately using our contact information provided on the Website
5.02 Subscriptions. Unless otherwise expressly notified to you, if you have a subscription for a membership to Ministry Pass, you are responsible for paying all periodic subscription fees. All membership subscriptions are a minimum of one (1) year. If you purchase a membership subscription through the Website, by consenting to this Agreement and agreeing to be bound by the terms herein, you hereby authorize Ministry Pass to charge your credit card (or other approved facility) linked to your Ministry Pass User Account for each periodic subscription fee, including subscription fees for renewal terms. Payment will be made by automatic debit to such credit card (or other approved facility). Your membership subscription will be automatically renewed for a term equal to the original term upon expiration of the then-current term at a price equal to the current regular, non-promotional price, and continually thereafter, unless you terminate the subscription online in advance of the renewal date pursuant to the process set forth below. You may not assign or transfer your subscription to any other person or entity. You must be at least 18 years old (or have the permission of a credit card holder who is) to order subscriptions online. The billing period ends at the end of each subscription term. If Ministry Pass does not receive payment from the credit card issuer or its agent, you agree to pay all amounts due upon demand by Ministry Pass. Your card issuer agreement governs your use of your designated card in connection with the download of Digital Content and membership subscription, and you must refer to that agreement and not this Agreement to determine your rights and liabilities as a cardholder. YOU, AND NOT MINISTRY PASS, ARE RESPONSIBLE FOR PAYING ANY AMOUNTS BILLED TO YOUR CREDIT CARD BY A THIRD PARTY THAT WERE NOT AUTHORIZED BY YOU. You may terminate your membership subscription at any time; however you shall still be charged the fee for the remaining term. When you terminate a subscription hereunder, such subscription will not be automatically renewed and your access to the applicable Digital Content will be terminated on the expiration date. If you terminate your subscription and you have paid in advance, subject to the terms of this Agreement and your compliance therewith, you will continue to have access to Digital Content through the expiration date of your subscription, but you will not be entitled to any refund of fees paid in advance for your subscription.
5.03 Refunds. No refunds are available. Please contact Ministry Pass for technical assistance in the event that you experience any delay or inability to download Digital Content.
ARTICLE VI
DISCLAIMERS AND LIMITATIONS OF LIABILITY
6.01 Disclaimers of Liability; No Warranty. THE WEBSITE MAY CONTAIN ERRORS AND DEFECTS OR MAY SUFFER INTERMITTENT DOWNTIME AND ARE PROVIDED “AS IS”, “AS-AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, MINISTRY PASS, AND ITS AFFILIATES, LICENSORS, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS (COLLECTIVELY REFERRED TO AS “MINISTRY PASS” FOR THE PURPOSES OF SECTION VI) HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE WEBSITE, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS, THAT WEBSITE WILL BE UNINTERRUPTED, VIRUS-FREE OR ERROR FREE, THAT THE WEBSITE AND OUR SERVERS ARE SECURE, OR AS TO THE ACCURACY, RELIABILITY, QUALITY OR CONTENT OF ANY INFORMATION, SERVICE OR PRODUCT PROVIDED ON OR THROUGH THE WEBSITE, AS WELL AS ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE; PROVIDED THAT THIS SECTION VI SHALL NOT OPERATE TO EXCLUDE OR DISCLAIM THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THESE TERMS OF USE. USE OF THE WEBSITE IS AT YOUR OWN RISK. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, OTHER COMMUNICATIONS, CONTENT (INCLUDING, WITHOUT LIMITATION, DIGITAL CONTENT) OR SERVICES ACCESSED THROUGH OR OBTAINED BY MEANS OF THE WEBSITE. MINISTRY PASS IS SOLELY ACTING AS A RESELLER OF DIGITAL CONTENT, AND AS SUCH, DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME ANY LIABILITY OR RESPONSIBILITY FOR ANY DIGITAL CONTENT. YOUR SOLE REMEDY WITH RESPECT TO ANY DIGITAL CONTENT PURCHASED FROM MINISTRY PASS THROUGH THE WEBSITE IS WITH THE APPLICABLE CONTENT PROVIDER OF SUCH DIGITAL CONTENT. FURTHERMORE, MINISTRY PASS DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY LINKED SITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND MINISTRY PASS 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.
6.02 Limitation of Liability. MINISTRY PASS SHALL NOT BE LIABLE TO YOU FOR PERSONAL INJURY, OR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OR INTERRUPTION OF BUSINESS, LOSS OF DATA, LOSS OF GOODWILL OR LOST PROFITS), UNDER ANY THEORY OF LIABILITY, INCLUDING WITHOUT LIMITATION CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS OF USE, EVEN IF MINISTRY PASS HAS BEEN ADVISED OF THE RISK OF SUCH DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE THAT MINISTRY PASS SHALL NOT BE LIABLE FOR ANY DIGITAL CONTENT 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. 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 THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES OR JURISDICTIONS, MINISTRY PASS’ LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW, THEREBY MINIMIZING MINISTRY PASS’ LIABILITY TO YOU TO THE LOWEST AMOUNT PERMITTED BY APPLICABLE LAW.
6.03 Indemnification. You agree to defend, indemnify and hold us harmless for any loss, damages or costs, including reasonable attorneys’ fees, resulting from any third party claim, action, or demand resulting from your use of or access to the Website or its products or services, your violation of any third party right, including without limitation any copyright, property, or privacy right, or breach of these Terms of Use. You also agree to indemnify us for any loss, damages, or costs, including reasonable attorneys’ fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure.
ARTICLE VII
GOVERNING LAW AND DISPUTE RESOLUTION
7.01 Dispute Resolution. In order to expedite and control the cost of disputes, you and Ministry Pass agree that any legal or equitable claim relating to these Terms of Use (referred to as “Claim”) will be resolved as follows:
(a) Informal Resolution. You and Ministry Pass agree that we will first try to resolve any Claim informally. Accordingly, neither of us may start a formal proceeding (except for Claims involving any violation of the federal trademark or copyright laws, or for injunctive relief) for at least 30 days after one of us notifies the other of a Claim in writing. Ministry Pass will send its notice to your billing address, with a copy via email to your email address. You will send your notice to Ministry Pass, Inc., 27006 Hufsmith Conroe Rd., Magnolia, Texas 77354.
(b) Formal Resolution. If we cannot resolve a Claim informally, you and Ministry Pass each agree to submit to personal jurisdiction in Texas and agree that any and all Claims either of us asserts shall be exclusively brought in the appropriate state or federal court in the Southern District of the State of Texas, provided that neither you nor Ministry Pass shall be precluded from filing a Claim in small claims court for disputes within the small claims court jurisdictional level.
(c) Governing Law and Jurisdictional Issues. This Agreement is governed in all respects by the substantive laws of the State of Texas and of the United States of America. The UN Convention on Contracts for the International Sale of Goods is expressly disclaimed. This Website is controlled and operated from Ministry Pass’ offices at 27006 Hufsmith Conroe Rd., Magnolia, Texas 77354, and Ministry Pass makes no representations that materials in the Website are appropriate or available for use in other locations. Those who choose to access the Website from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Access to the Website from any territory where the content is illegal is prohibited. You may not use or export any of the Website materials in violation of U.S. export laws and regulations.
ARTICLE VIII
PROHIBITED ACTIONS
You agree that you will not: (i) take any actions with respect to your use of the Website that are unlawful, false, misleading, harmful, threatening, embarrassing, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, deceptive, fraudulent, invasive of another’s privacy, hateful, or contains explicit or graphic descriptions or accounts of sexual or violent acts; (ii) transmit any content that victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of any impermissible classification; (iii) transmit any content that infringes any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any party; (iv) transmit any content that you do not have a right to transmit under any law or under any contractual or fiduciary relationship; (v) transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of the Website; (vi) interfere with or disrupt the Website or servers or networks linked to the Website, or disobey any requirements, procedures, policies, or regulations of networks linked to the Website; (vii) violate any applicable local, state, national, or international law; (viii) transmit any content, or take any other actions with respect to your use of the Website, that would constitute, or would otherwise encourage, criminal conduct or conduct that could give rise to civil liability; (ix) use the Website for commercial purposes without our prior written consent; or (x) solicit other guests of the Website to become members of any commercial on-line service or other group or organization without first obtaining our express written consent.
ARTICLE IX
CLAIMS OF INFRINGEMENT
9.01 Termination of Repeat Infringer Accounts. We respect the intellectual property rights of others and request that the people who use the Website do the same. Pursuant to 17 U.S.C. 512(i) of the United States Copyright Act, Ministry Pass has adopted and implemented a policy that provides for the termination in appropriate circumstances of users of the Website who are repeat infringers. Ministry Pass may terminate access for submission providers or forum participants who are found repeatedly to provide or post protected third party content without necessary rights and permissions.
9.02 DMCA Take-Down Notices. If you are a copyright owner or an agent thereof and believe that any content available on the Website infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (see 17 U.S.C 512) (“DMCA”) by providing our designated agent with the following information in writing. The date of your notification: (i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) a description 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; (iii) a description of the material that is claimed to be infringing or to be the subject of infringing activity and information sufficient to enable us to locate such work; (iv) information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and/or email address; (v) 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 (vi) 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.
Our designated agent for receipt of notifications of claimed infringement is Justin Trapp, President (CEO), 27006 Hufsmith Conroe Rd., Magnolia, Texas 77354 and e-mail address: [email protected]. Only DMCA notifications in accordance with this Section should be submitted to our CEO. If you require customer assistance or need to contact Ministry Pass for any other purpose, please contact us using the information specified in Section 9.03 below.
9.03 Counter-Notices. If you believe that your content that has been removed from the Website 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 content or materials, you may send a counter-notice containing the following information to our CEO using the contact information set forth above. Your physical or electronic signature: (i) a description of the content that has been removed and the location at which the content appeared before it was removed (ii) a statement that you have a good faith belief that the content was removed as a result of mistake or a misidentification of the content; and (iii) your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court in the State of 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 our copyright agent, Ministry Pass may send a copy of the counter-notice to the original complaining party informing such person that it may reinstate the removed content 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 (in Ministry Pass’ discretion) be reinstated on the Website in 10 to 14 business days or more after receipt of the counter-notice.
ARTICLE X
MISCELLANEOUS
10.01 Suggestions and Feedback. Ministry Pass welcomes feedback or inquiries about our products. If you elect to provide any feedback or comments of any nature to Ministry Pass, all of such feedback and comments shall be the sole and exclusive property of Ministry Pass, and Ministry Pass shall have the right to use such feedback in any manner and for any purpose in Ministry Pass’ discretion without remuneration, compensation or attribution to you, provided that Ministry Pass is under no obligation to use such feedback.
10.02 Interpretation, Assignment and Entire Agreement. These terms and conditions, together with our Privacy Policy, form the complete and exclusive agreement between you and Ministry Pass, and they supersede all prior or contemporaneous proposals, oral or written, understandings, representations, conditions, warranties, and all other communications between you and Ministry Pass relating to the subject products. These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Ministry Pass without restriction. This agreement may not be explained or supplemented by any prior course of dealings or trade by custom or usage. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not affect the interpretation of these Terms of Use. If any provision of these Terms of Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.
10.03 Contact Us. If you have any questions, comments or concerns about these Terms of Use and/or the Website, please send an email to: [email protected]. However, please note that communications made through the Website’s e-mail and messaging system shall in no way be deemed to constitute legal notice to Ministry Pass or any of its officers, employees, agents or representatives, such as where notice to Ministry Pass is required by contract, or any federal, state or local laws, rules or regulations. You may provide notice to Ministry Pass at Ministry Pass, Inc. 27006 Hufsmith Conroe Rd., Magnolia, Texas 77354.
