This Internet Web Site User Agreement (the "Agreement") is between you and The Holy Spirit Broadcasting Network ("HSBN"). Use of The Holy Spirit Broadcasting Network Internet Web site (the "HSBN Web Site") signifies your agreement to the terms and conditions of use set forth below in the Agreement:
You acknowledge that you have read the terms and conditions of use and that you accept the terms thereof. YOU AGREE TO READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS HSBN WEB SITE. If you do not agree to these terms and conditions of use, you may not access or otherwise use the HSBN Web Site.
HSBN may monitor your use of the HSBN Web Site, and may freely use and disclose with or without attribution any information and materials received from you or collected through your use of the HSBN Web Site for any lawful reason or purpose. However, personal information other than what you may disclose by posting messages and other forms of public communications to the HSBN Web Site, shall be handled in accordance with HSBN’s Privacy Policy.
HSBN reserves the right, at its sole discretion, to change, modify, add or remove any portion of this Agreement, including without limitation the Privacy Policy, in whole or in part, at any time. Such changes will be posted on the HSBN Web Site. You agree that your continued use of the HSBN Web Site shall constitute your unconditional acceptance of any such changes, modifications, additions or removals, of or to this Agreement.
The HSBN Web Site is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. The contents of the HSBN Web Site, including, without limitations, text, comments, messages, video, graphics, interactive features, and all other materials contained thereon (“Content”), are provided AS IS, only for your information and personal, non-commercial use. All Content contained on the HSBN Web Site is protected by copyright. You will abide by any and all additional copyright notices, information, or restrictions contained in any Content on the LFTV Web Site. Where it is available, you may download and make one (1) copy of the Content and other downloadable items displayed on this HSBN Web Site for personal, noncommercial use only, provided that you maintain all copyright and other notices contained in such Content. Copying or storing of any Content for other than personal, noncommercial use is expressly prohibited, and Content may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed or otherwise exploited for any other purposes whatsoever, without the prior written permission from HSBN or the copyright holder identified in the individual Content's copyright notice.
In order to register as a user (“User” or “Users”) with HSBN, you must be at least eighteen (18) years old. Your eligibility to register is automatically void where prohibited by law. You affirm that all information you provide in registering with HSBN is true and complete. Commercial businesses may not register with the HSBN Web Site unless they are pre-approved by HSBN. Your registration will take effect upon acceptance of your registration form by HSBN. Other terms and conditions may apply to your registration as posted from time-to-time on the HSBN Web Site. HSBN reserves the right to reject and to terminate your registration and use of the HSBN Web Site at any time, for any reason without notice to you. HSBN also reserves the right to provide notices and alerts to users from time to time about use of the website and information on feature updates and changes.
By posting messages, uploading files, inputting data or engaging in any other form of communication (individually or collectively "Communications") to the HSBN Web Site, you hereby grant to HSBN a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty free license to use, copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit, incorporate into any works, and otherwise exploit such Communications, in all media now known or hereafter developed (including but not limited to photos, videos, audio files, text and other materials). You hereby waive all rights to any claim against HSBN for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with such Communications. You acknowledge and agree that transmission to and from the HSBN Web Site are not confidential and your Communications may be read or intercepted by others. You acknowledge that by submitting Communications to HSBN, no confidential, fiduciary, contractually implied or other relationship is created between you and HSBN other than pursuant to this Agreement. You acknowledge and agree that:
The responsibility for Communications is that of the persons transmitting same to the HSBN Web Site. HSBN disclaims any responsibility for any inappropriate statements or material or any incorrect information contained in any Communications.
You represent and warrant that:
The HSBN Web Site is meant for personal use only and may not be used in connection with any commercial activities or endeavors or the sale of any services or products without our express prior written approval, which may be withheld for any reason.
You agree not to:
HSBN reserves the right to restrict the number of emails which a User may send to other Users in any twenty four (24) hour period to a number which HSBN deems appropriate in its sole discretion. If you send unsolicited bulk email, spam, instant messages or other unsolicited communications of any kind through the HSBN Web Site you acknowledge that you will have caused substantial harm to HSBN and/or the HSBN Web Site that will be difficult, if not impossible, to ascertain, entitling HSBN to seek an injunction from a court of competent jurisdiction, prohibiting any such improper or unauthorized acts, in addition to such other rights and remedies as may be available to HSBN.
While HSBN assumes no responsibility for monitoring the HSBN Web Site, it will, when it deems it appropriate, investigate activity in connection with the HSBN Web Site that HSBN believes may be illegal, unauthorized or a breach of the terms of this Agreement. If deemed appropriate by HSBN, it will initiate appropriate legal action with respect to such activities, including without limitation, criminal, civil and injunctive redress. HSBN reserves the right to restrict your activity on, and/or block your access to, the Site any time for any reason without notice to you.
The resolution of disputes that may arise between Users is the sole responsibility of the Users, and HSBN has no liability or obligation with respect to any such disputes.
"HSBN" and the "HSBN" logo are registered trademarks and/or service marks of HSBN. All other trademarks, service marks and logos used on the HSBN Web Site are owned by HSBN or used with permission of their respective owners.
HSBN may change, suspend or discontinue any aspect of the HSBN Web Site at any time, including the availability of any HSBN Web Site feature, database, or Content. HSBN may also impose limits on certain features and services or restrict your access to parts or all of the HSBN Web Site without notice or liability.
You represent, warrant and covenant that:
If you are a copyright owner or an agent thereof and believe any Communications or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act by providing our Copyright Agent with the following information in writing (see 17 U.S.C. 512(c)(3) for further details):
Notifications of claimed infringement may be sent to PO Box 6811, Orange, California, 92863.
You hereby agree to indemnify, defend and hold HSBN, its subsidiaries and affiliates, and their respective officers, directors, agents, employees, information providers, licensors and licensees (collectively, the "Indemnified Parties") harmless from and against any and all claims, actions, damages, liabilities and costs (including, without limitation, attorneys’ fees and court costs) incurred by the Indemnified Parties in connection with or arising out of any breach by you of the Agreement or the foregoing representations, warranties and covenants. You shall cooperate as fully as reasonably required in the defense of any claim. HSBN reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of HSBN.
The HSBN Web Site contains links and pointers to the other related World Wide Web Internet sites, resources, and sponsors of the HSBN Web Site. Links to and from the HSBN Web Site to other third party sites, maintained by third parties, do not constitute an endorsement by HSBN or any of its subsidiaries or affiliates of any third party resources, or their contents. HSBN disclaims any and all responsibility for content contained in any third party materials provided through links from the HSBN Web Site.
THE HSBN WEB SITE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE HSBN WEB SITE, IS PROVIDED "AS IS." TO THE FULLEST EXTENT PERMISSIBLE BY LAW, HSBN AND ITS SUBSIDIARIES AND AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE HSBN WEB SITE OR THE MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THE HSBN WEB SITE, FOR ANY PRODUCTS OR SERVICES OR HYPERTEXT LINKS TO THIRD PARTIES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE HSBN WEB SITE OR ANY LINKED SITE. FURTHER, HSBN AND ITS SUBSIDIARIES AND AFFILIATES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. HSBN DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE HSBN WEB SITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE HSBN WEB SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. HSBN AND ITS SUBSIDIARIES AND AFFILIATES SHALL NOT BE LIABLE FOR THE USE OF THE HSBN WEB SITE, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN.
HSBN, ITS AFFILIATES AND ITS SUBSIDIARIES ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE HSBN WEB SITE, SITE-RELATED SERVICES AND/OR CONTENT OR INFORMATION CONTAINED WITHIN THE HSBN WEB SITE, EVEN IF HSBN KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE HSBN WEB SITE AND/OR SITE-RELATED SERVICES IS TO STOP USING THE HSBN WEB SITE AND/OR THOSE SERVICES.
THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF CALIFORNIA, UNITED STATES OF AMERICA, WITHOUT REGARD TO CONFLICTS OF LAWS OR CHOICE OF LAW PROVISIONS. SOLE AND EXCLUSIVE JURISDICTION FOR ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL BE AN APPROPRIATE STATE OR FEDERAL COURT LOCATED IN THE STATE OF CALIFORNIA, UNITED STATES OF AMERICA.
This Agreement constitutes the entire agreement between HSBN and you with respect to your use of the HSBN Web Site. Any cause of action you may have with respect to your use of the HSBN Web Site must be commenced within one (1) year after the claim or cause of action arises, or else is irrevocably waived. Paragraph headings are for reference only and do not in any way define or limit the scope or meaning of such paragraph. If HSBN fails to take action concerning any breach by you of this Agreement, you agree that any such failure to act does not waive HSBN’s right to take action concerning any subsequent or similar breach. If for any reason a court of competent jurisdiction finds any provision of the Agreement, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the Agreement, and the remainder of this Agreement shall continue in full force and effect.
California Civil Code Section 1798.83 permits customers of HSBN who are California residents to request certain information regarding its disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please write us: HSBN-CA Privacy Rights PO Box 6811 Orange, California, 92863