Version: 002 Effective Date: 4 October 2011
1. Basic Agreement By using the Christian Games and Crafts web site (ChristianGamesandCrafts.com), you agree to be legally bound and agree to these Terms and Conditions of Use.
2. Basic Definitions The Christian Games and Crafts web site ("Site") is a subscription-based service that provides downloadable Bible Lessons, Games, Crafts, Recipes, Printables, Programs and Events for use by its paid subscribers ("Subscribers"). In some cases, nonsubscribers may view and download items designated as “FREE” without becoming a subscriber. The Site and Content are the wholly-owned, copyrighted property of Christian Games and Crafts’ parent company, Morehead Marketing Inc. ("Company"), and are subject to U.S. and international copyright protection laws. Christian Games and Crafts is a trademark of Morehead Marketing, Inc.
4. Changes We reserve the right, in our sole discretion, to change, modify, add or remove portions of these Terms & Conditions at any time. You should check these Terms & Conditions periodically for changes. By using this Web site after we post any changes to these Terms & Conditions, you agree to accept those changes, whether or not you have reviewed them. If you do not agree to these Terms & Conditions, you should not use our Web site and, if applicable, you should arrange to cancel your subscription.
5. Your Account To use many features of the Christian Games and Crafts web site, we require you to create an account. We grant valid account holders a non-exclusive, nontransferable license for the period of the subscription to use the Christian Games and Crafts web site and to download and use materials and content in accordance with these terms and conditions. If you are a registered user of this Web site, you are entirely responsible for maintaining the confidentiality of your password and user account information. You agree to notify us immediately in the event of any known or suspected unauthorized use of your user account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your or anyone else's password or credit card information. In the event of a breach of security by you, you will remain liable for any unauthorized use of your subscription until you update your Subscription Data. If your credit card expires, is canceled, is lost or is subject to use without your authorization, access the Account feature of this Website to update your Subscription Data. You are entirely responsible for any and all activities which occur under your user account. You are responsible for paying any amounts billed to your credit card by a third party which were not authorized by you.
6. Subscription Term and Renewals A. You need a subscription to access certain features of Christian Games and Crafts. If you apply for a subscription, you must ensure all the information that you submit is true and accurate (including without limit your credit card number and expiration date, and other payment details). By submitting your information, you agree to allow us to share your Subscription Data with third parties for the purpose of verifying the information you provide and billing your credit card or otherwise charging your account. You agree to pay all subscription fees specified when you apply including all applicable taxes.
By submitting your order you are making an offer to subscribe to the relevant part of Christian Games and Crafts. Your offer is accepted and a binding contract occurs when we send a message to your account mail inbox confirming that your payment has been received or if you log into a subscription-only part of Christian Games and Crafts (whichever comes first).
The Christian Games and Crafts' subscription term is one year. For member convenience and to ensure uninterrupted member access, we provide an Automatic Renewal Service. In advance of subscription expiration, your subscription automatically renews for one more year by charging the regular renewal subscription fee to your credit or debit card.
Prior October 4, 2011 to we allowed for subscription terms of one month for a minimum of 6 months with Automatic Renewal Service. Some subscribers will be allowed to continue their monthly accounts under their original terms and conditions until we decide to cancel that service. At which time they can either cancel their service or switch to annual billing.
You may cancel your subscription at any time by logging into your account. Choose Account, then Account Information and click "Cancel your subscription." No payments already made will be refunded (wholly or partly).
We reserve the right to increase charges and fees, or to institute new charges or fees at any time, upon reasonable advance notice communicated to you through a posting on this Website or such other means as we may deem appropriate from time to time (including electronic mail or conventional mail). We will automatically charge your credit card or other account at the start of each renewal period, unless you terminate or cancel your subscription before the relevant renewal period begins. Each time you use our Fee-Based Products you reaffirm your agreement that we may charge your credit card (or other form of payment, if applicable). In the event we cannot charge your account, we reserve the right to terminate your access to our Fee-Based Products.
B. In addition to the fees and charges set forth above, you are responsible for all charges and fees associated with connecting to our Website and our Fee-Based Products, including without limitation all telephone access lines (including long-distance charges, when applicable), internet service provider fees, telephone and computer equipment, sales taxes and any other fees and charges necessary to access our Fee-Based Products.
C. You agree to maintain and promptly update the Subscription Data and any other information you provide to us to keep it accurate. Without limiting any other provision of this Agreement, if you provide any information that is untrue, inaccurate, or incomplete, or we have reasonable grounds to suspect that such is the case, we reserve the right to suspend or terminate your user account or subscription and refuse any and all current or future use by you of our Website (or any portion thereof) or any of our Fee-Based Products. You are obligated to check the “Account” feature of our Website to determine whether your Subscription Data is current and accurate, and, if not, to correct or update your Subscription Data including your billing information.
D. You agree not to register or subscribe for more than one account, create an account on behalf of someone else, or create a false or misleading identity on this Website. If your registration or subscription is revoked for any reason, you agree not to register or subscribe again with our Website using another user name or through any other means. If we have reason to suspect, in our sole discretion, that your account has previously been terminated, we reserve the right to terminate any new accounts you have registered without any notice to you, or to exercise any other remedies available to us under this Subscription Agreement or by law.
E. We reserve the right to charge you for any unauthorized use of your subscription by third parties.
7. Personal and Church Usage Rights All Subscribers are granted a non-exclusive, royalty-free license to use the Content for any personal, church, or noncommercial purpose. You may not transfer any of your rights or duties under it without our prior written consent.
8. General Content Restrictions The following restrictions apply to ALL Subscribers: a. Content shall not be used in any way that competes with Christian Games and Crafts or Morehead Marketing Inc. b. Content shall not be resold or distributed in its original form, or in a form that might be confused with the Content itself. c. Content shall not be published on web pages that display advertising to generate revenue. d. Content shall not be sold, used or displayed in any way that encourages third parties to download, save, or use Content as clipart, stock photos or printable templates. e. Content use shall not constitute an obscene work as defined by the Federal Government.
9. Site Usage Rights All Subscribers may use the Site to browse, search and download Content at any time during their period as an active subscriber. Nonsubscribers may use the Site to browse, search and download FREE items in respect to the terms and conditions of this agreement.
10. Site Usage Restrictions Crawlers, spiders, programmable scripts or other automated technologies may not be used to browse, search or download images.
11. Rights and Access Privileges Do Not Transfer Christian Games and Crafts Subscribers are not allowed to transfer, share, trade or sell their subscriberhip Rights.
12. Submissions By entering contests, posting chat, photos or other materials on the Christian Games and Crafts site, or submitting any material of any kind to us for any purpose connected with Christian Games and Crafts, you are giving us a non-exclusive, perpetual, worldwide, royalty-free license to use and/or modify the submitted materials as we see fit. You agree to waive any moral rights to the extent permitted by law and that you will not withdraw the submission or attempt to make a charge for its use. Furthermore you guarantee that you are the exclusive copyright holder in relation to the submission and that the submission in no way breaches the rights of any other person or entity.
13. Functioning of Christian Games and Crafts We will do our best to maintain operation of Christian Games and Crafts and rectify faults as quickly as possible. We may have to suspend operation of Christian Games and Crafts without notice for repair, maintenance, improvement or other technical reason. If so, we will do our best to ensure that the suspension is as short as possible. We cannot accept responsibility for such suspensions or for any interruption or error caused by circumstances outside our reasonable control.
We cannot guarantee that Christian Games and Crafts will work with any particular computer equipment or in conjunction with any particular software or connectivity services. We do not accept responsibility for such equipment, software or services.
14. Community Standards and Conduct Guidelines You acknowledge that all Content posted, e-mailed, or otherwise transmitted to or on this Web site, whether posted at our request or voluntarily, and whether publicly posted or privately transmitted (collectively, the "Postings"), are the sole responsibility of the person who made such Postings. This means that you are entirely responsible for all Postings that you post, e-mail or otherwise transmit to this Web site. We do not control the Postings posted, e-mailed or otherwise transmitted on our Web site by others and, as such, we do not guarantee the accuracy, integrity or quality of such Postings. Although we have adopted community standards and conduct guidelines for the users of our Web site (as described below), you understand that by using this Web site, you may be exposed to Postings that are offensive or objectionable. Under no circumstances will we be liable in any way for any Postings (other than for Content developed by us), including, but not limited to, for any errors or omissions in any Postings, or for any loss or damage of any kind incurred as a result of the use of any Postings posted, e-mailed or otherwise transmitted to or through this Web site.
You agree not to use this Web site (including any Community Areas) to: a. Upload, post, e-mail or otherwise transmit any Postings or other materials that are unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable (in our sole discretion); b. Harm minors in any way, or solicit or otherwise attempt to gain any information from a minor; c. Impersonate any person or entity, including, but not limited to any user of this Web site, a director, officer, employee, shareholder, agent or representative of ChristianGamesandCrafts.com, Morehead Marketing, Inc., our affiliates or any other person or entity, or falsely state or otherwise misrepresent your affiliation with ChristianGamesandCrafts.com, or our affiliates or any other person or entity; d. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Postings or other materials transmitted to or through this Web site; e. Upload, post, e-mail or otherwise transmit any Postings or other materials that are not your own, or that you do not have a right to upload, post, e-mail or otherwise transmit under any law or under contractual or fiduciary relationships (such as insider information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); f. Upload, post, e-mail or otherwise transmit any Postings or other materials that infringe upon any patent, trademark, trade secret, copyright, right of privacy or publicity or other proprietary rights of any party; g. Upload, post, e-mail or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of commercial solicitation, except in those areas, if any, that are specifically designated for such purpose; h. Upload, post, e-mail or otherwise transmit any Postings or other materials that contain software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; i. Disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of a Community Area (or other portion of this Web site) are able to type, or otherwise act in a manner that negatively affects or otherwise diminishes the quality of another user’s experience of this Web site; j. Interfere with or disrupt this Web site or servers or networks connected to this Web site, or disobey any requirements, procedures, policies or regulations of networks connected to the Web site; k. Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, any regulations having the force of law; l. "Stalk" or otherwise harass another user or employee of this Web site; or m. Solicit, collect or post personal data or attempt to solicit, collect or post personal data about other users of the Web site, including user names or passwords; or Access or attempt to access another user’s account without his or her consent;
Your privilege to use this Web site (including the Community Areas) and contribute to discussions on the Community Areas depends on your compliance with the community standards and conduct guidelines set forth above. We may revoke your privileges to use all or a portion of this Web site and/or take any other appropriate measures to enforce these community standards and conduct guidelines if violations are brought to our attention. Further, if you fail to adhere to our community standards and conduct guidelines, or any of these Terms & Conditions, we may terminate, in our sole discretion, your use of, or participation in, any Community Area.
16. Links These Terms & Conditions apply only to this Web site, and not to the web sites of any other person or entity. We may provide, or third parties may provide, links to other worldwide web sites or resources. You acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse (and are not responsible or liable for) any content, advertising, products, or other materials on or available from such web sites or resources. You further acknowledge and agree that, under no circumstances, will we be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any content, advertisements, products or other resources available on any other web site (regardless of whether we directly or indirectly link to such content, advertisements, products or other resources). You should direct any concerns with respect to any other web site to that web site's administrator or web master.
17. Third parties Christian Games and Crafts may include links to internet sites or other technologies supplied by third parties including sites / technologies which enable you to pay by means of payment methods provided by third parties. We make no promises about those sites or their content, products or services as these are outside our reasonable control.
19. LIMITATION OF WARRANTY AND LIABILITY MOREHEAD MARKETING INC. MAKES NO WARRANTIES AS TO THE FITNESS, CORRECTNESS, RELIABILITY, OR MERCHANTABILITY OF THE CONTENT OR SITE FOR A PARTICULAR PURPOSE. MOREHEAD MARKETING INC. PROVIDES NO ASSURANCES OR WARRANTIES THAT THE SITE OR CONTENT WILL BE FREE FROM ERRORS, OMISSIONS, INCOMPATIBILITIES, INTERRUPTIONS, OR VIRUSES OR OTHER RISKS COMMONLY ASSOCIATED WITH THE USE OF COMPUTERS, SOFTWARE OR THE INTERNET. MOREHEAD MARKETING INC. HAS NO OBLIGATION TO SERVICE OR REMEDY ANY ASPECT OF THE SITE OR THE CONTENT; AND HAS NO OBLIGATION TO ASSUME THE COSTS OF REPAIRS OR SERVICE TO USERS' HARDWARE, SOFTWARE, OR OTHER EQUIPMENT IN THE EVENT OF ANY CLAIMS OF DAMAGES.
IN NO EVENT WILL MOREHEAD MARKETING INC., ITS OFFICERS, DIRECTORS, AFFILIATES, OR EMPLOYEES BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, ECONOMIC, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SITE OR CONTENT, EVEN IF MOREHEAD MARKETING INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
20. JURISDICTION ALL CLAIMS RELATED TO THESE USAGE TERMS SHALL BE HEARD IN THE COUNTY OF WOOD AND WILL BE GOVERNED BY THE LAWS OF THE STATE OF WEST VIRGINIA.