USER AGREEMENT
In summary, by purchasing or downloading any of the fabulous media files on this website you agree that you are old enough and smart enough to do so. You promise to use the products personally, only, and not to bootleg or distribute them otherwise. We keep your information safe, and you conduct yourself with respect and maturity on this site. Have fun enjoying the content on ENTERTHEWORSHIPCIRCLE.COM and read on if you want the deep details:
THE DEEP DETAILS
THIS IS A LEGAL AGREEMENT BETWEEN THE “USER” (THAT’S YOU IF YOU USE THE WEBSITE OR DOWNLOAD A PRODUCT THAT ENTERTHEWORSHIPCIRCLE.COM SELLS) AND “ENTERTHEWORSHIPCIRCLE.COM” (THAT’S US, THE CONSIGNMENT SELLER OR BROKER OF THE CONTENT) AND THE “LICENSORS” (THE CONTRIBUTING AUTHORS AND PUBLISHERS THAT UPLOADED THEIR CONTENT HERE) THAT IT REPRESENTS, STATING THE TERMS THAT GOVERN YOUR USE OF THE ENTERTHEWORSHIPCIRCLE.COM WEBSITE AND THE “SERVICE” IT PROVIDES BY BROKERING THE CONTENT HEREIN REFERRED TO AS “CONTENT.” THIS AGREEMENT – TOGETHER WITH ALL UPDATES, ADDITIONAL TERMS, CONTENT PURCHASE, AND ALL OF ENTERTHEWORSHIPCIRCLE.COM’S RULES AND POLICIES – COLLECTIVELY CONSTITUTE THE “AGREEMENT” BETWEEN YOU AND ENTERTHEWORSHIPCIRCLE.COM. BY USING THE SERVICE, YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SERVICE. YOU MUST ACCEPT AND ABIDE BY THESE TERMS AS PRESENTED TO YOU: CHANGES, ADDITIONS, OR DELETIONS ARE NOT ACCEPTABLE. ENTERTHEWORSHIPCIRCLE.COM RESERVES THE RIGHT, AT ITS SOLE DISCRETION, TO CHANGE, MODIFY, ADD OR REMOVE PORTIONS OF THIS AGREEMENT AT ANY TIME. IT IS YOUR RESPONSIBILITY TO CHECK THIS AGREEMENT PERIODICALLY FOR CHANGES. YOUR CONTINUED USE OF THE SERVICE FOLLOWING THE POSTING OF CHANGES WILL MEAN THAT YOU ACCEPT AND AGREE TO THE CHANGES. ENTERTHEWORSHIPCIRCLE.COM MAY REFUSE ACCESS TO THE SERVICE FOR NONCOMPLIANCE WITH ANY PART OF THIS AGREEMENT.
DEFINITION OF SERVICE
ENTERTHEWORSHIPCIRCLE.COM is the provider of the Service that permits you to purchase or download for free media files as a customer under certain terms and conditions as set forth in this Agreement.
AGE REQUIREMENTS
The Service is available for individuals aged 13 years or older. If you are 13 or older but under the age of 18, you should review this Agreement with your parent or guardian to make sure that your parent or guardian understands this Agreement. ENTERTHEWORSHIPCIRCLE.COM sells ebooks for all ages, but the purchase of any Content from the Internet is intended for adults, those of age to make sound financial judgments, or those under the watchcare of those capable of making such decisions.
OBJECTIONABLE MATERIAL
Even though ENTERTHEWORSHIPCIRCLE.COM exercises a policy to refuse distribution of materials it deems to be unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable it makes no guarantee that by using the Service you may not encounter content that may be deemed offensive, indecent or objectionable, which content may or may not be identified as having explicit language. Nevertheless, you agree to use the Service at your sole risk and that ENTERTHEWORSHIPCIRCLE.COM shall have no liability to you for content that may be found to be offensive, indecent or objectionable. Content types and descriptions are provided for convenience, and you acknowledge and agree that ENTERTHEWORSHIPCIRCLE.COM does not guarantee their accuracy.
Safety Information
A very small percentage of people may experience seizures or blackouts when exposed to flashing lights or patterns, including while watching videos. Symptoms may include dizziness, nausea, involuntary movements, loss of awareness, altered vision, tingling, numbness, or other discomforts. Consult a doctor before watching videos, including the promotional videos found on this website, if you have ever suffered these or other symptoms linked to seizures and/or epilepsy, and stop watching immediately and see a doctor if these or similar symptoms occur while watching videos. Parents and guardians should monitor their children for signs of symptoms.
SYSTEM REQUIREMENTS
Use of the Service requires one or more compatible devices, 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.
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. ENTERTHEWORSHIPCIRCLE.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 ENTERTHEWORSHIPCIRCLE.COM may store and use the Registration Data you provide (including credit card and other payment information) for use in maintaining your account and billing fees to your credit card or other form of payment.
ACCOUNT AND PASSWORD
The Service may require you to open an account (“Account”) (including setting up a ENTERTHEWORSHIPCIRCLE.COM ID and password). You are entirely responsible for maintaining the confidentiality of your account information, including your password, and for any and all activity that occurs under your Account. You agree to notify ENTERTHEWORSHIPCIRCLE.COM immediately of any unauthorized use of your Account, or any other breach of security. However, you may be held liable for losses incurred by ENTERTHEWORSHIPCIRCLE.COM or any other user of the Service due to someone else using your Account. ENTERTHEWORSHIPCIRCLE.COM cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
SECURITY
Usage Rules may be controlled and monitored by ENTERTHEWORSHIPCIRCLE.COM for compliance purposes, and ENTERTHEWORSHIPCIRCLE.COM reserves the right to enforce the Usage Rules with or without notice to you. You agree not to access the Service by any means other than through software that is provided by ENTERTHEWORSHIPCIRCLE.COM for accessing the Service. You shall not access or attempt to access an Account at any time without the express permission and consent of the holder of that Account. 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.
PRODUCT REQUIREMENTS
You acknowledge that use of any of the Content may require the use of other hardware and software Content, and that such hardware and software is your responsibility. Content may only be downloaded once; provided, however that upon a technological malfunction preventing the successful download of any of the Content, you shall be allowed up to three opportunities to successfully download the Content within one week after your purchase thereof. After being successfully downloaded, Content cannot be replaced if lost for any reason. Once Content are purchased and you receive the Content, it is your responsibility not to lose, destroy or damage the Content, and ENTERTHEWORSHIPCIRCLE.COM shall be without liability to you in the event of any loss, destruction or damage.
USE OF CONTENT
The Content is sold, pursuant to the terms of this Agreement. ENTERTHEWORSHIPCIRCLE.COM acting as an agent of THE Contributor (the owner of the Content) and provides you with the content under these “Usage Rules”:
Acceptance of Agreement. Your use of the Content is conditioned upon your prior acceptance of the terms of this Agreement.
Permitted Uses. Subject to the restrictions described under Prohibited Uses below, the following are “Permitted Uses” of the Content: PERSONAL USE ONLY.
Prohibited Uses. Any other use of the Content not explicitly listed as “Permitted Uses” is explicitly forbidden. In the interest of clarity, any of the following, without limitation, are “Prohibited Uses” of the Content:
Any copying, reproducing, sublicensing, sub-distributing, reselling, renting, lending, re-printing, transferring, gifting or assigning of any of the Content or the rights to any of the Content for any purpose;
Using the title or subtitle of any of the Content as the title of an item that incorporates such Content;
Using any of the Content, including titles or subtitles, or any other part of any of the Content, as part of a trademark, service mark, or logo;
Removing any notice of copyright, trademark or other proprietary right from any place where it is on or embedded in any of the Content;
Using or displaying any of the Content in an electronic format that enables it to be downloaded or distributed via mobile devices or shared in any peer-to-peer or similar file sharing arrangement.
ACCEPTANCE OF TERMS
You agree that your purchase of Content constitutes your acceptance of and agreement to use such Content solely in accordance with the Usage Rules, and that any other use of the Content may constitute a copyright infringement. The security technology, if applicable, is an inseparable part of the Content. The Usage Rules shall govern your rights with respect to the Content. In addition to any other terms or rules that may have been established between you and another party, ENTERTHEWORSHIPCIRCLE.COM reserves the right to modify the Usage Rules at any time.
INTERACTIVE FEATURES
The Service may offer interactive features that allow you to, among other things, submit or post information, materials or links to third party content on areas of the Service accessible and viewable by other users of the Service and the public. You represent and agree that any use by you of such features, including any information, materials or links submitted or posted by you, shall be your sole responsibility, shall not (a) infringe or violate the rights of any other party, (b) violate any laws, © contribute to or encourage infringing or otherwise unlawful conduct, or (d) otherwise be obscene, objectionable or in poor taste, and that you have obtained all necessary rights, licenses or clearances. You further agree to provide accurate and complete information in connection with your submission or posting of any information or materials on the Service.
USAGE OF CONTENT
Moreover, you hereby grant ENTERTHEWORSHIPCIRCLE.COM a worldwide, royalty-free, non-exclusive license to use any materials added in the interactive features of the website as part of the Service, and in relation to Content, without any compensation or obligation to you. ENTERTHEWORSHIPCIRCLE.COM reserves the right not to post or publish any materials, and to delete, remove or edit any material, at any time, in its sole discretion without notice or liability. ENTERTHEWORSHIPCIRCLE.COM has the right, but not the obligation, to monitor any information and materials submitted or posted by you or otherwise available on the Service, to investigate any reported or apparent violation of this Agreement, and to take any action that ENTERTHEWORSHIPCIRCLE.COM in its sole discretion deems appropriate.
TERMINATION
If you fail, or ENTERTHEWORSHIPCIRCLE.COM suspects that you have failed, to comply with any of the provisions of this Agreement, including, without limitation, failure to make payment of fees due, failure to provide ENTERTHEWORSHIPCIRCLE.COM with a valid payment source or with accurate and complete Registration Data, failure to safeguard your Account information, violation of the Usage Rules or any license to the software, or infringement or other violation of third parties’ rights, ENTERTHEWORSHIPCIRCLE.COM, in its sole discretion and without notice may: (a) 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 (b) terminate the license to the software; and/or © preclude access to the Service (or any part thereof).
GENERAL COMPLIANCE WITH THE LAW
The Service is controlled and operated by ENTERTHEWORSHIPCIRCLE.COM from its offices in Woodland Park, Colorado, 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.
ENFORCEMENT OF THESE TERMS
ENTERTHEWORSHIPCIRCLE.COM reserves the right to take steps ENTERTHEWORSHIPCIRCLE.COM believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including, without limitation, ENTERTHEWORSHIPCIRCLE.COM’s right to cooperate with any legal process relating to your use of the Service and/or Content, and/or a third party claim that your use of the Service and/or Content is unlawful and/or infringes such third party’s rights). You agree that ENTERTHEWORSHIPCIRCLE.COM has the right, without liability to you, to disclose any Registration Data and/or Account information to law enforcement Contributorities, government officials, and/or a third party, as ENTERTHEWORSHIPCIRCLE.COM believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including, without limitation, ENTERTHEWORSHIPCIRCLE.COM’s right to cooperate with any legal process relating to your use of the Service and/or Content, and/or a third party claim that your use of the Service and/or Content is unlawful and/or infringes such third party’s rights).
NO RESPONSIBILITY FOR THIRD PARTY CONTENT OR WEBSITES
The Service may contain links to other independent third-party Websites (“Linked Sites”). These Linked Sites are provided solely as a convenience to you. You acknowledge and agree that ENTERTHEWORSHIPCIRCLE.COM is not responsible for examining or evaluating the content or accuracy of any such third-party material or Websites. ENTERTHEWORSHIPCIRCLE.COM does not warrant or endorse and does not assume and will not have any liability or responsibility for the Linked Sites, or for any other materials, Content or services of third parties. You agree that you will not use any of the Linked Sites in a manner that would infringe or violate the rights of any other party, and that ENTERTHEWORSHIPCIRCLE.COM is not in any way responsible for any such use by you.
LIMITATION OF LIABILITY
Except where prohibited by law, in no event will ENTERTHEWORSHIPCIRCLE.COM be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if ENTERTHEWORSHIPCIRCLE.COM has been advised of the possibility of such damages. If, not withstanding the other provisions of this Agreement, ENTERTHEWORSHIPCIRCLE.COM is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Service or any of the Content, ENTERTHEWORSHIPCIRCLE.COM’s liability shall in no event exceed the greater of (a) the total of any sale price of Content or similar fees with respect to the Service paid in the year prior to the date of the initial claim made against ENTERTHEWORSHIPCIRCLE.COM, or (b) One Hundred U.S. Dollars ($100.00).
INDEMNIFICATION
BY USING THE SERVICE, YOU AGREE TO INDEMNIFY AND HOLD ENTERTHEWORSHIPCIRCLE.COM, ITS MEMBERS, 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 ENTERTHEWORSHIPCIRCLE.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 INDEMNIFICATION APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THIS AGREEMENT.
ATTORNEY’S FEES
If ENTERTHEWORSHIPCIRCLE.COM does take any legal action against you as a result of your violation of this Agreement, ENTERTHEWORSHIPCIRCLE.COM will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to ENTERTHEWORSHIPCIRCLE.COM. You agree that ENTERTHEWORSHIPCIRCLE.COM will not be liable to you or to any third party for termination of your access to the Service as a result of any violation of this Agreement.
PROHIBITED USE OF CONTENT
Any other use of the Content not explicitly listed in section 25, above, is explicitly forbidden. In the interest of clarity, any of the following, without limitation, are “Prohibited Uses” of the Content:
Any sublicensing, sub-distributing, reselling, renting, lending, transmitting, transferring, gifting or assigning of any of the Content or the rights to any of the Content for any purpose without written license from the original copyright holder;
Using the title or subtitle of any of the Content as the title of an item that incorporates such Content;
Copying or reproducing any of the Content, except as specifically provided for in the terms of this Agreement;
Using any of the Content, including titles or subtitles, or any other part of any of the Content, as part of a trademark, service mark, or logo;
Using any of the Content in a fashion that is considered by ENTERTHEWORSHIPCIRCLE.COM as or under applicable law is considered pornographic, obscene, immoral, infringing, defamatory or libelous in nature, or that would be reasonably likely to bring any person or property reflected in such Content into disrepute;
Removing any notice of copyright, trademark or other proprietary right from any place where it is on or embedded in any of the Content;
Using or displaying any of the Content in an electronic format that enables it to be downloaded or distributed or shared in any peer-to-peer or similar free,
file sharing arrangement.
INTELLECTUAL PROPERTY RIGHTS
Ownership. You agree that the Service, including but not limited to the Content, graphics, audio clips, video clips and editorial content, contains proprietary information and material that is owned by ENTERTHEWORSHIPCIRCLE.COM and/or its Contributors, and is protected by applicable intellectual property and other laws, including, without limitation, 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, except as expressly permitted hereunder. 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, without limitation, by trespass or burdening network capacity.
Removal of Content or Materials. Notwithstanding any other provision of this Agreement, ENTERTHEWORSHIPCIRCLE.COM and its licensors reserve the right to change, suspend, remove, or disable access to any Content, content, or other materials comprising a part of the Service at any time without notice. In no event will ENTERTHEWORSHIPCIRCLE.COM be liable for the removal of or disabling of access to any such Content, content or materials under this Agreement. ENTERTHEWORSHIPCIRCLE.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.
Copyrights. All copyrights in and to the Service, including, without limitation, the ENTERTHEWORSHIPCIRCLE.COM webstore (including the compilation of content, postings, links to other Internet resources and descriptions of those resources) and software, are owned by ENTERTHEWORSHIPCIRCLE.COM, Journeytools, LLC., and/or its Contributors, who reserve all rights in law and equity. THE USE OF THE SOFTWARE OR ANY PART OF THE SERVICE, EXCEPT FOR THE 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.
Trademarks. ENTERTHEWORSHIPCIRCLE.COM, Enter The Worship Circle, and the Enter The Worship Circle logo and other trademarks, service marks, graphics and logos used in connection with the Service are trademarks or registered trademarks of ENTERTHEWORSHIPCIRCLE.COM in the United States 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.
Cover Art. ENTERTHEWORSHIPCIRCLE.COM may provide you with limited access to download certain cover art, subject to availability. Such access is provided as an accommodation only, and ENTERTHEWORSHIPCIRCLE.COM does not warrant or endorse and does not assume and will not have any liability or responsibility for such album cover art or your use thereof. You may only access book cover art (to the extent available) for media 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 cover art in any manner that would infringe or violate this Agreement or the rights of any other party, and that ENTERTHEWORSHIPCIRCLE.COM is not in any way responsible for any such use by you.
Copyright Infringement. Should you become aware of any possible copyright infringement by any of the Content on the Service, you agree to give prompt notice of the possibly infringing Content to ENTERTHEWORSHIPCIRCLE.COM.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND ALL THE PROVISIONS HEREIN, AND HAVE HAD AN OPPORTUNITY TO SEEK INDEPENDENT LEGAL ADVICE PRIOR TO AGREEING TO THE TERMS OF THIS AGREEMENT. IN CONSIDERATION OF ENTERTHEWORSHIPCIRCLE.COM AGREEING TO PROVIDE THE SERVICE AND THE LICENSE CONTAINED HEREIN, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.