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MobileFaith.us Terms of Use

Thank you for using the MobileFaith.us website (the "Website") and the membership, community, subscription and pay-per-use services offered by or through the Website (the "Services"). The Services and Website are provided by MobileFaith.us for its own behalf and for the behalf of its advertisers, broadcasters and other content providers.

The terms of service contained in this document (these "Terms of Service") apply to and govern your use of the Services and Website. Before using the Services and Website, please read these Terms of Use in their entirety as well as all other documents incorporated by reference into these Terms of Use. As used herein, any references to "your" or "you" shall include you and any authorized user of your account with the Services and any references to “our”, “we” or “us” shall mean MobileFaith.us.

YOUR USE OF THE WEBSITE OR SERVICE INDICATES YOUR ACCEPTANCE OF THESE TERMS OF SERVICE. IF YOU DO NOT ACCEPT THESE TERMS OF SERVICE, YOU MAY NOT USE THIS WEBSITE OR THE SERVICES. WE RESERVE THE RIGHT, AT OUR SOLE DISCRETION, TO MODIFY, ALTER OR OTHERWISE UPDATE THESE TERMS OF SERVICE AT ANY TIME WITHOUT PRIOR NOTICE. YOUR CONTINUED USE OF THIS WEBSITE FOLLOWING ANY SUCH MODIFICATION WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH MODIFICATIONS.

1. ACCEPTANCE OF TERMS AND REGISTRATION.

a.	Complying with Terms. In consideration for using the Services and Website, you agree to comply with these Terms of Service. In addition, you further agree to (i) make timely and satisfactory payment for the specific Services purchased by you; (ii) provide us with your valid e-mail address and accurate, complete and true information about yourself as required (your "Registration Information") in order to create an account for use of the Services and restricted access portions of the Website (your "Account"); and (iii) maintain and update, as applicable, your Registration Information with current and complete information. If you violate these Terms of Service, or provide inaccurate, false, or non-current Registration Information or credit card information you may, at our sole discretion, have your Account suspended or terminated, and you may be permanently banned from using the Services and Website. Furthermore, we may, at our sole discretion, pursue any available rights or remedies at law or in equity for such a violation of these Terms of Service, or for submitting inaccurate credit card information.
b.	Password Security. When creating an Account you may be asked to submit your cell phone number, your email address and a password. You will be responsible for maintaining the confidentiality of your password. You are responsible for all activity on the Services and Website accessed using your Account, including the activity of those individuals to whom you have provided your username, email address and password. You agree that you will (i) immediately notify us by one of the means specified in Section 13(e) of any unauthorized use of your username, email address or password and (ii) ensure that you properly exit the Services at the completion of your session. We shall not be liable for any loss or damage arising from your Account or your failure to comply with these requirements.
c.	Privacy Policy. Our use and handling of your Registration Information is governed by the Privacy Policy available separately on this Website. By registering for an Account and providing with your Registration Information to us, you agree that we can use your Registration Information as specified by the Privacy Policy.

2. SUBSCRIPTIONS.

a.	Billing. Monthly subscription plans are billed on a monthly basis, in advance, five (5) business days (or less) prior to the first business day of the subscription month for which you are being billed. Annual payment options and pay per use services are billed immediately. You agree and acknowledge we may charge your credit card for all services chosen by you and, for monthly subscription plans, may store your credit card information and continue to bill your credit card each month during the term of each such subscription plan. Depending on the services chosen by you, your credit card may be billed more than once during a particular one (1) month period.
b.	Term. (i) Annual Subscriptions Plans. The term of an annual subscription plans is one (1) year unless specified otherwise at the time of purchase. At the expiration of an annual subscription plan term or renewal term, the subscription plan will automatically renew for an additional one (1) year renewal term unless you submit to us a non-renewal request at least fourteen (14) days before the expiration of the applicable initial term or renewal term.
	(ii) Monthly Subscriptions Plans. Monthly subscription plans continue until cancelled and are cancelable at any time without penalty or refund of any fees paid prior to the cancellation effective date. Cancellations become effective five (5) business days following your notifying us of the cancellation through the cancellation mechanism available on the account management web page for your Account. You are responsible for the payment of all charges billed to your credit card prior to the effective date of a cancellation and understand and agree that no refunds will be provided for unused, but paid for services.
c.	Conditions. Monthly subscriptions (including those paid for with an annual payment option) are nonrefundable and non-cancelable during the subscription plan term and, except for the first month, are not prorated. Pay per view services are non-refundable and non-cancelable. We reserve the right to cancel a subscription at any time.

3. LICENSE TO CONTENT.

a.	We grant you a non-exclusive, non-transferable, limited right and license to access, use and privately display the Content, Services and Website for your personal use only, by way of one (1) computer or one (1) cell phone at a time that is connected to the Services and Website over the internet, provided that you comply fully with these Terms of Service.
b.	Restrictions. You may not:
	(i) frame or link to the Services or the Website except as expressly permitted in writing by us;
	(ii) permit unauthorized individuals to use the Services and Website;
	(iii) modify, translate, reverse engineer, de-compile, disassemble (except to the extent that this restriction is expressly prohibited by law) or create derivative works based upon the Content or any portion thereof;
	(iv) copy the Content or any portion thereof, except as specifically provided for herein;
	(v) sell, rent, lease, transfer, distribute, broadcast, display or otherwise assign any rights to the Content to any third party;
	(vi) remove any proprietary notices or labels on the Content and Website;
	(vii) use the Services or Website in conjunction with any device or service designed to circumvent technological measures employed to control access to, or the rights in, a content file or other work protected by the copyright laws of any jurisdiction; (viii) use the Services, Website or Content for any commercial or illegal purpose; (ix) use the Services or Website to invade the privacy of, or obtain personal information about, any account holder or user of the Services or Website, or to obtain a list of account holders or users of the Services or Website; (x) copy, modify, erase or damage any information contained on the Services, or any third party servers; (xi) use the Services or Website to violate any legal right of any third party, including any publicity or privacy right, copyright or other intellectual property right, or to take any action that is harassing, libelous, defamatory, abusive, tortious, threatening, harmful or otherwise objectionable; (xii) use any data mining, robots, or similar data gathering and or extraction tools in connection with the Services and Website; (xiii) use the Services or Website to post or transmit any unsolicited advertising or promotional materials; (xiv) access or use any password protected, secure or non-public areas of the Services or Website except as specifically authorized in writing by MobileFaith.us (unauthorized individuals attempting to access these areas of the Services or Website may be subject to prosecution); (xv) impersonate or misrepresent your affiliation with any person or entity; (xvi) interfere or attempt to interfere with the operation of the Services or Website in any way through any means or device including, but not limited to, spamming, hacking, uploading computer viruses or time bombs; or (xvii) attempt to disable, bypass, modify, defeat or otherwise circumvent any of the digital rights management or other security related tools incorporated into the software (including without limitation the tools that delete downloaded content for which the license rights have expired).

4. MINIMUM SPECIFICATIONS.

a.	The Services and Website will operate only on those hardware and software platforms specified by us for the Services and Website. It is your responsibility to ensure that you have the appropriate software, hardware and Internet connection to operate the Services and Website. We reserve the right to cease supporting any hardware or software platform at any time, with or without notice.
b.	MobileFaith.us uses your phone's text messaging and web browsing to provide The Services. It is your responsibility to ensure that you have both text messaging AND web browsing enabled on your phone to receive the Services. Normal operator charges apply for The Services and data transfer for the text, audio, video, and wallpaper you download or send to someone else. Check with your carrier for specific rates.
c.	MobileFaith.us CANNOT offer refunds if you have disabled text messaging and/or web browsing on your phone. If you are uncertain or have any questions check with your carrier or contact us before you use The Services.

5. MODIFICATION OF SERVICES AND WEBSITES.

We reserve the right, at our sole discretion, to update, change, modify, add or remove any portion of the Services, Website or these Terms of Service, in whole or in part, at any time. Changes to these Terms of Service will be effective when posted. You agree to review these Terms of Service periodically to be aware of any changes. By continuing to use the Services or Website after any changes, you agree to be bound by subsequent revisions to these Terms of Service.

6. TERMINATION.

a.	Termination for Breach. These Terms of Service (and therefore any license granted herein) shall terminate automatically and immediately if you fail to comply with any of the limitations or obligations described in these Terms of Service. No notice shall be required from us to effectuate such termination.
b.	Termination for Any Reason. In addition, we reserve the right to terminate these Terms of Service and discontinue access to the Services or Website at any time for any reason upon posting notice thereof on the Website.

7. UNSOLICITED SUBMISSIONS.

We are pleased to hear from our customers and welcome your comments regarding our products and services, including our online services. Unfortunately, however, our policy does not allow us to accept or consider creative ideas, suggestions, or materials other than those we have specifically requested. We hope you will understand that it is the intent of this policy to avoid the possibility of future misunderstandings when projects developed by our professional staff might seem to others to be similar to their own creative work. Accordingly, we must regretfully ask that you do not send us any original creative materials such as message, sermon, stories or character ideas, screenplays, or original artwork. While we do value your feedback on our services and products, we request that you be specific in your comments on those services and products and not submit any creative ideas, suggestions, or materials. If, at our request, you send certain specific submissions or, despite our request that you not send us any creative materials you still send us creative suggestions, ideas, notes, drawings, concepts, or other information (collectively, the "Submissions"), the Submissions shall be deemed, and shall remain, our property. None of the Submissions shall be subject to any obligation of confidentiality on the part of us, and we shall not be liable for any use or disclosure of any Submissions. Without limitation of the foregoing, we shall exclusively own all now known or hereafter existing rights to the Submissions of every kind and nature, in perpetuity, throughout the universe and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions.

8. LINKS TO OTHER WEBSITES.

The Services and Website contain links through advertising and otherwise, to various third party web sites and other resources (collectively the "Linked Entities"). These Linked Entities are not under our control and we are not responsible or liable for the content, communications or materials of any Linked Entities. We are providing these links to you as a convenience only. The inclusion of any link does not imply endorsement by us of the Linked Entity or any association with its operators. You are responsible for adhering to the applicable terms of service for any Linked Entity. You are solely responsible and liable for any interactions you may have with such entities, their sponsors and other third-parties.

9. INDEMNITY.

You shall, at your own expense, defend us, our suppliers, advertisers, broadcasters, content providers and/or affiliates against any third party claim, suit or proceeding ("Third Party Claim") brought against us, our suppliers, advertisers, broadcasters, content providers and/or affiliates which arises out of, results from or is related to any breach by you of these Terms of Service. You shall indemnify and hold us, our suppliers and our affiliates harmless from any damages (including reasonable attorney's fees) resulting from a Third Party Claim.

10. NO WARRANTY.

MobileFaith.us will not be liable for any delays in the receipt of any SMS or MMS messages as delivery is subject to effective transmission from your network operator. SMS and MMS message services are provided on an AS IS basis.

You acknowledge that the Services and Website are provided "AS IS" and "WITH ALL FAULTS." We, our suppliers, advertisers, broadcasters, content providers and affiliates make no warranty as to the Services, Website and/or their availability and the entire risk (except as provided in Section 11 below) as to the quality and performance of the Services and Website is with you. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, WE, OUR SUPPLIERS, ADVERTISERS, BROADCASTERS, CONTENT PROVIDERS AND AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

11. REMEDIES.

If a defect in the Services or Website prevent you from viewing certain Content that you have paid for, either on a pay-per-view or subscription basis, we will, at our option, either (a) make the Content available for viewing at a later date or (b) refund to you a pro-rated portion of the fees you paid to view such Content. To the maximum extent permitted under applicable law, such repair, replacement or refund is our, our suppliers', advertisers’, broadcasters’, content providers’ and our affiliates’ entire liability and your exclusive remedy, in contract, tort or otherwise, relating to the Services and Website.

12. EXCLUSION OF DAMAGES; LIMITATION ON LIABILITY.

IN NO EVENT SHALL WE, OUR SUPPLIERS, ADVERTISERS, BRODCASTERS, CONTENT PROVIDERS OR AFFILIATES BE LIABLE FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO LOSS OF DATA OR DAMAGES TO YOUR HARDWARE OR SOFTWARE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING SHALL APPLY REGARDLESS OF THE NEGLIGENCE OR OTHER FAULT OF US, OUR SUPPLIERS OR OUR AFFILIATES AND REGARDLESS OF WHETHER SUCH LIABILITY SOUNDS IN CONTRACT, NEGLIGENCE, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

13. GENERAL.

a.	No Assignment. The rights granted to you by this Agreement are personal to you and you may not assign or otherwise transfer in any way any of the rights and obligations arising out of these Terms of Service. We may assign these Terms of Service in whole or in part at any time and without notice.
b.	Governing Law. These Terms of Service shall be governed by the laws of the State of Georgia, without regard to principles of conflicts of laws. You agree that the federal and state courts of Atlanta, Georgia are the sole venues for any disputes related to or arising form these Terms of Service and agree to the jurisdiction of such courts.
c.	Severability. If any provision of these Terms of Service is determined by any court of competent jurisdiction to be unenforceable, such provision shall be interpreted to have the broadest application as shall be enforceable. The invalidity or unenforceability of any particular provision of these Terms of Service shall not affect the other provisions hereof, which shall continue in full force and effect.
d.	Intellectual Property Notice. The Content and the Website are Copyright © MobileFaith.us and/or its broadcasters and content providers as applicable. All Rights Reserved. Other products and company names mentioned on the Services and the Website may be trademarks of their respective owners. The Website, including without limitation any video, audio, graphics, text or other content displayed on or delivered or broadcast through the Website, may not be copied, reproduced, re-distributed or modified, in whole or in part, without the express, written permission of MobileFaith.us. To obtain such permission, please contact our legal department.
e.	Customer Contacts. If you have any questions regarding these Terms of Service, the Services, or the Website, or if you would like to contact us for any other reason, send an email to our support department.
f.	Injunctive Relief. Each party agrees that a breach of the license rights granted hereunder and/or the restrictions thereon, or a breach of the confidentiality provisions hereof, may result in irreparable harm and significant injury to the other which may be difficult to ascertain. Accordingly, each party agrees that the other shall be entitled to equitable relief, including, without limitation, an immediate injunction enjoining any further breach, in addition to all other remedies available to such party at law or in equity. You expressly agree that jurisdiction for relief sought under this Section shall reside exclusively in the federal and state courts of Atlanta, Georgia.
g.	Arbitration. Any and all claims, grievances, demands, controversies causes of action or disputes of any nature whatsoever (including but not limited to tort and contract claims, and claims upon any law, statute, order or regulation) (hereinafter "Claims"), arising out of, in connection with, or relating to (i) the interpretation, performance or breach of these Terms of Service, or (ii) the arbitrability of any Claims under these Terms of Service shall be resolved by final and binding arbitration before a single arbitrator, on an individual basis. Such arbitration shall be administered in Atlanta, Georgia by the AAA in accordance with its then-existing Commercial Arbitration Rules. Except as provided herein, the Federal Arbitration Act, 9 U.S.C. §§ 1, et seq., shall govern all proceedings hereunder. The arbitrator's award may be enforced in any court of competent jurisdiction and shall include costs and may include reasonable attorneys' fees to the prevailing party, and judgment upon the award may be entered in any court having jurisdiction thereof. YOU EXPRESSLY ACKNOWLEDGE THAT BY ACCEPTING THESE TERMS OF SERVICE, YOU ARE GIVING UP YOUR RIGHT TO A COURT OR JURY TRIAL. Notwithstanding the foregoing, nothing stated herein shall limit either party's right to obtain any provisional remedy, including, without limitation, injunctive or similar relief, from any court of competent jurisdiction as may be necessary to protect such party's rights and interests.
h.	Compliance with Laws. You agree to comply with all applicable laws, rules and regulations in connection with your activities under these Terms of Service, including without limitation the applicable regulations of the U.S. Department of Commerce and the United States Export Administration Act, as amended to assure that the Content and the Software are not exported in violation of the United States laws.