AGREEMENT BETWEEN USER
AND CHRISTIAN.COM MEDIA GROUP, INC.
The network of Web Sites (collectively, the "CMG Web Sites")
operated by Christian.com Media Group, Inc., or its affiliates or
subsidiaries ("CMG" or "Christian.com Media Group"),
is comprised of various Web sites and Web pages. The CMG Web Sites
are offered to you conditioned on your acceptance without modification
of the terms, conditions, and notices contained herein. Your use
of the CMG Web Sites constitutes your agreement to all such terms,
conditions, and notices. Your use of a particular CMG website included
within the CMG Web Sites network may also be subject to additional
terms outlined elsewhere on that website (the "Additional Terms").
Additionally, the CMG Web Sites may themselves contain additional
terms that govern particular features or offers (for example, e-mail
services or chat areas). In the event that any of the terms, conditions,
and notices contained herein conflict with the Additional Terms
or other terms and guidelines contained within any particular CMG
website, then these terms shall control.
BEFORE USING THIS WEB SITE (this "Site"). By accessing
and all applicable laws. If you do not agree to these terms you
may not use this Site.
CMG reserves the right to change the terms, conditions, and notices
under which the CMG Web Sites are offered, including but not limited
to the charges associated with the use of the CMG Web Sites. You
are responsible for regularly reviewing these terms and conditions.
USE OF SITE. PERSONAL AND NON-COMMERCIAL USE LIMITATION.
Unless otherwise specified, the CMG Web Sites are for your personal
and noncommercial use. You may not modify, copy, distribute, transmit,
display, perform, reproduce, publish, license, create derivative
works from, transfer, or sell any information, software, products
or services obtained from the CMG Web Sites.
You may display and, subject to any expressly stated restrictions
or limitations relating to specific material, electronically copy,
download and print hard copy portions of the material from the different
areas of the Site solely for your own noncommercial use, or to place
an order with CMG or to purchase CMG products. Any other use of
materials on this Site, including but not limited to the modification,
reproduction, distribution, republication, display or transmission
of the content of this Site, without prior written permission of
CMG is strictly prohibited.
Harassment in any manner
or form on the Site or any of the CMG Websites, including via e-mail
and chat or by obscene or abusive language is strictly forbidden.
Impersonation of others, including a CMG employee, host, or representative
or other members or visitors on the Site is prohibited. You may
not upload to, distribute, or otherwise publish through the Site
any content which is libelous, defamatory, obscene, threatening,
invasive of privacy or publicity rights, abusive, illegal, or otherwise
objectionable, or which may constitute or encourage a criminal offense,
violate the rights of any party or otherwise give rise to liability
or violate any law. You may not upload commercial content on the
Site or use the Site to solicit others to join or become members
of any other commercial online service.
COPYRIGHTS AND TRADEMARKS.
The entire content included in this Site, including but not limited
to text, design, graphics, interfaces, or code and the selection
and arrangements thereof is copyrighted as a collective work under
the United States and other copyright laws, and is the property
of CMG. The collective work includes works that are licensed to
CMG. Copyright 2003. ALL RIGHTS RESERVED. All trademarks, service
marks, and trade names (collectively the "Marks") are
trademarks or registered trademarks of and are proprietary to Christian.com
Media Group, or other respective owners that have granted CMG the
right and license to use such Marks.
The following are trademarks
of Christian.com Media Group, Inc.:
In the event a CMG product or service is listed at an incorrect
price due to typographical error or error in pricing information
received from our suppliers, CMG shall have the right to refuse
or cancel any orders placed for product or service listed at the
incorrect price. CMG shall have the right to refuse or cancel any
such orders whether or not the order has been confirmed and your
credit card charged. If your credit card has already been charged
for the purchase and your order is canceled, CMG shall issue a credit
to your credit card account in the amount of the incorrect price.
These terms and conditions are applicable to you upon your accessing
the Site and/or completing the registration or shopping process.
These terms and conditions, or any of them, may be modified or terminated
by CMG without notice at any time for any reason. The provisions
relating to Copyrights and Trademarks, Disclaimer, Claims, Limitation
of Liability, Indemnification, Applicable Laws, Arbitration and
General, shall survive any termination.
CMG does not and cannot review all communications and materials
posted to or created by users accessing the Site and is not in any
manner responsible for the content of these communications and materials.
You acknowledge that by providing you with the ability to view and
distribute user generated content on the Site, CMG is merely acting
as a passive conduit for such distribution and is not undertaking
any obligation or liability relating to any contents or activities
on the Site. However, CMG reserves the right to block or remove
communications or materials that it determines to be (a) abusive,
defamatory, or obscene, (b) fraudulent, deceptive, or misleading,
(c) in violation of a copyright, trademark or; other intellectual
property right of another or (d) violates any law or regulation
or (e) offensive or otherwise unacceptable to CMG at its sole discretion.
Note that any personally identifiable information you may post or
transmit will be treated by CMG in accordance with CMG's Privacy
Except for any personally identifiable information we may collect
from you under the guidelines established in our Privacy Statement,
any material, information or other communication you transmit, upload
or post to this Site ("Communications")will be considered
non-confidential and non-proprietary. CMG will have no obligations
with respect to the Communications. CMG and its designees will be
free to copy, disclose, distribute, incorporate and otherwise use
the Communications and all data, images, sounds, text, and other
things embodied therein for any and all commercial or noncommercial
USER CHAT ROOMS.
CMG may, but is not obligated to, monitor or review any areas on
the Site where users transmit or post Communications or communicate
solely with each other, including but not limited to chat rooms,
bulletin boards or other user forums, and the content of any such
Communications. CMG, however, will have no liability related to
the content of any such Communications, whether or not arising under
the laws of copyright, trademarks, libel, privacy, obscenity, or
In an attempt to provide increased value to our visitors, this Site
may contain links to other sites on the Internet that are owned
and operated by third party vendors and other third parties (the
"External Sites"). However, even if the third party is
affiliated with CMG, CMG has no control over these linked sites,
all of which have separate privacy and data collection practices,
independent of CMG. CMG has no responsibility or liability for these
independent policies or actions and is not responsible for the privacy
practices or the content of such web sites. These linked sites are
only for your convenience and therefore you access them at your
own risk. Links do not imply that CMG sponsors, endorses, is affiliated
with or associated with, or has been legally authorized to use any
trademark, trade name, service mark, design, logo, symbol or other
copyrighted materials displayed on or accessible through such External
Sites. Nonetheless, CMG seeks to protect the integrity of its Site
and the links placed upon it and therefore requests any feedback
on not only its own Site, but for sites it links to as well (including
if a specific link does not work).You should contact the Site administrator
or Webmaster for those External Sites if you have any concerns regarding
such links or the content located on such External Sites.
Each claim or statement about the effectiveness of CMG products
and/or each claim or statement comparing the effectiveness of CMG
products to the effectiveness of other products is expressly limited
to the United States, unless otherwise disclosed on the Site.
CMG makes no warranties or representations about the accuracy or
completeness of this Site's content or the content of any site or
CMG does not filter advertisements or other content that children
may view through our sites or "hot-linked" sites, and
they could receive content and materials from the Internet and/or
advertising that are inappropriate for children. We encourage parents
and guardians to spend time online with their children and to consider
using an electronic filtering software.
THIS SITE AND THE MATERIALS,
INFORMATION, SERVICES, AND PRODUCTS IN THIS SITE, INCLUDING, WITHOUT
LIMITATION, TEXT, GRAPHICS, AND LINKS, ARE PROVIDED "AS IS"
AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, CMG
DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR
A PARTICULAR PURPOSE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS,
AND WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.
CMG DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN
THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL
BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES THE SITE
AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CMG DOES
NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF
THE MATERIALS IN THIS SITE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS,
ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE.
THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY.
IN NO EVENT SHALL CMG BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL,
PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL, DAMAGES, OR ANY
DAMAGES WHATSOEVER, EVEN IF CMG HAS BEEN PREVIOUSLY ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT,
NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION
WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION,
SERVICES, PRODUCTS, AND MATERIALS AVAILABLE FROM THIS SITE. THESE
LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL
PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT
ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE
EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You agree to indemnify, defend, and hold harmless CMG, its officers,
directors, employees, agents, licensors and suppliers (collectively
the "Provider") from and against all losses, expenses,
damages and costs, including reasonable attorneys' fees, resulting
from any violation of these terms and conditions or any activity
related to your Internet account (including negligent or wrongful
conduct), by you or any other person accessing the Site using your
Your use of this Site shall be governed in all respects by the laws
of the state of Texas, U.S.A., without regard to choice of law provisions,
and not by the 1980 U.N. Convention on contracts for the international
sale of goods. You agree that jurisdiction over and venue in any
legal proceeding directly or indirectly arising out of or relating
to this Site (including but not limited to the purchase of CMG products)
shall be in the state or federal courts located in Collin County,
Texas. Any cause of action or claim you may have with respect to
the Site (including but not limited to the purchase of CMG products)
must be commenced within one (1) year after the claim or cause of
action arises. CMG's failure to insist upon or enforce strict performance
of any provision of these terms and conditions shall not be construed
as a waiver of any provision or right. Neither the course of conduct
between the parties nor trade practice shall act to modify any of
these terms and conditions. CMG may assign its rights and duties
under this Agreement to any party at any time without notice to
CMG makes no representation that materials in the Site are appropriate
or available for use in other locations, and access to them from
territories where their content is illegal is prohibited. Those
who choose to access this Site from locations outside Texas do so
on their own initiative and are responsible for compliance with
applicable local laws. You may not use or export the materials in
violation of U.S. export laws and regulations. Any claim relating
to the materials shall be governed by the internal substantive laws
of the State of Texas.
By using this Site, you agree that CMG, at its sole discretion,
may require you to submit any disputes arising from the use of this
Site, or these Terms and Conditions concerning or, including disputes
arising from or concerning their interpretation, violation, nullity,
invalidity, non-performance or termination, as well as disputes
about filling gaps in this contract or its adaptation to newly arisen
circumstances, to final and binding arbitration under the International
Rules of Arbitration of the American Arbitration Association, by
one or more arbitrators appointed in accordance with the said Rules.
Notwithstanding these rules, however, such proceeding shall be governed
by the laws of the state as set forth in the previous section.
Any award in an arbitration initiated under this clause shall be
limited to monetary damages and shall include no injunction or direction
to any party other than the direction to pay a monetary amount.
Further, the arbitrator(s) shall have no authority to award punitive,
consequential or other damages not measured by the prevailing party's
actual damages in any arbitration initiated under this section,
except as may be required by statute.
CMG may revise these Terms at any time by updating this posting.
You should visit this page from time to time to review the then-current
Terms because they are binding on you. Certain provisions of these
Terms may be superseded by expressly designated legal notices or
terms located on particular pages at this Site.
Copyright 2003, Christian.com
Media Group, Inc.
Last updated 9/27/03