Weekly Wisdom with Father John Corapi
Terms and Conditions of Use
Effective
October 1, 2007
SANTA
CRUZ MEDIA SUBSCRIPTION SERVICE TERMS AND CONDITIONS
This
document (the "Agreement") is a legal contract between you and SANTA
CRUZ MEDIA, INC. that governs your use of SANTA CRUZ MEDIA, INC.'s online media
services (the “Subscription Media”, and all other media download services)
available at www.fathercorapi.com and any of it’s affiliated websites (together the "Service"). If you
register for SANTA CRUZ MEDIA, INC.'s subscription media services (the "
Service"), all terms in the section below headed "*Subscription
Service Addendum" will also apply.
NOTICE
SANTA
CRUZ MEDIA, INC. may from time to time modify these terms and post a copy of
the amended Agreement at http://www.fathercorapi.com/weeklywisdom/wwagreement.aspx.
If you do not agree to (or cannot comply with) the Agreement as amended, your
only remedy is to stop using the Service or, if applicable, cancel your
Subscription Service. You will be deemed to have accepted the
Agreement as amended if you continue to use the Service after any amendments
are posted.
AGE
REQUIREMENT
You
must be at least 18 years of age to agree to and enter into this Agreement on
your own behalf and to register for use of the Service. If you are under 18 but
at least 13 years of age, you must present this Agreement to your parent or
legal guardian, and he or she must check the box below to enter into this
Agreement on your behalf. Children under the age of 13 may not register for
this Service, and parents or legal guardians may not register on their behalf.
By clicking the buttton indicating your acceptance to this Agreement, you
represent that (i) you have read, understood and agree to be bound by this
Agreement and (ii) you are at least 18 years old, either entering into this
Agreement for yourself or entering on behalf of your child or a child in your
legal care.
DESCRIPTION
OF SERVICE
The
Service allows you to access weekly programming provided by SANTA CRUZ MEDIA,
INC. (“Subscription Media”) To access the Service, you will need to already have installed or
install Windows Media Player Version 9 or greater, and from time to time, you
may also be required to install updates to this software. SANTA CRUZ MEDIA,
INC. takes no responsibility whatsoever for the installation/updates of any
third party software required to use the Service. You are responsible for any
hardware, systems and/or software program(s) you use and any associated fees
and expenses (a) to connect to or use the Internet to use the Subscription
Service. The Service, and the Subscription Media (including any SANTA CRUZ
MEDIA, INC. promotional offers or codes redeemable for the Service, the
Subscription Media and/or the materials) are only for your personal,
non-commercial use and are non-transferable (except as otherwise expressly
authorized by SANTA CRUZ MEDIA, INC.).
REGISTRATION
You
agree that you will not allow others to use your user name, password and/or
account and you are solely responsible for maintaining the confidentiality and
security of your account. You agree to notify SANTA CRUZ MEDIA, INC.
immediately of any unauthorized use of your password and/or account. SANTA CRUZ
MEDIA, INC. shall not be responsible for any losses arising out of the
unauthorized use of your user name, password and/or account and you agree to
indemnify and hold harmless SANTA CRUZ MEDIA, INC., its partners, parents,
subsidiaries, agents, affiliates and/or licensors, as applicable, for any
improper, unauthorized or illegal uses of the same.
USE
OF SUBSCRIPTION MEDIA
The
Subscription Media is owned by SANTA CRUZ MEDIA, INC., and is protected by
intellectual property laws. You understand that your use of the Subscription
Media is subject to the Usage Rules discussed below. You may not authorize,
encourage or allow any Subscription Media used or obtained by you to be
reproduced, modified, displayed, performed, transferred, distributed or
otherwise used by anyone else. You agree to advise SANTA CRUZ MEDIA, INC.
promptly of any such unauthorized use(s).
Usage Rules. Your access to and/or use of
any Subscription Media will be limited by the rules assigned to the
Subscription Media by SANTA CRUZ MEDIA, INC. ("Usage Rules") and
described in this section. You may not attempt (or support others' attempts) to
circumvent, reverse engineer, decrypt, or otherwise alter or interfere with any
Usage Rules or Subscription Media. SANTA CRUZ MEDIA, INC. reserves the rights
to modify the Usage Rules at any time.
Subscription
Media consists of a weekly video/audio “Presentation” and any other supplemental
video/audio “Presentation” offered at the discretion of SANTA CRUZ MEDIA,
INC. Each “Presentation” may be
viewed up to three (3) times on one (1) personal computer. Any security
technology that is provided with Subscription Media is an inseparable part of
it.
All
rights not expressly granted to you in this Agreement are reserved to SANTA
CRUZ MEDIA, INC.
Delivery of Service. On occasion, technical
problems may delay or prevent delivery of Subscription Media to you. Your sole
remedy with respect to Subscription Media that is not delivered will be for you
to re-attempt viewing Subscription Media at a later time.
Cancellation. If you cancel your monthly subscription, SANTA CRUZ MEDIA,
INC. will not refund any remaining portion of your subscription fees.
Cancellation will take effect at the end of the billing period during which you
deliver notice to SANTA CRUZ MEDIA, INC. If you are joining SANTA CRUZ MEDIA,
INC. under a subscription plan, you cannot cancel your SANTA CRUZ MEDIA, INC.
account prior to the end of the term of the applicable subscription plan.
Customer Support. Please direct any
questions concerning the Client, the Service, billing and/or Usage Rules to a
SANTA CRUZ MEDIA, INC. customer service representative by emailing support@weeklywisdom.com.
PRIVACY
SANTA
CRUZ MEDIA, INC.'s use of information collected in connection with the Service
is limited solely to provide Subscription Media to the customer. Information is never shared or
distributed in any way outside of SANTA CRUZ MEDIA, INC.
PATENT
AND TRADEMARK
All
trademarks, service marks, trade names, slogans, logos, and other indicia of
origin that appear on or in connection with the Subscription Service are the
property of SANTA CRUZ MEDIA, INC. You may not copy, display or use any of
these marks without prior written permission of SANTA CRUZ MEDIA, INC.
VIOLATION
OF INTELLECTUAL PROPERTY RIGHTS
If
SANTA CRUZ MEDIA, INC. receives a notice alleging that you have engaged in
behavior that infringes SANTA CRUZ MEDIA, INC.'s intellectual property rights
or reasonably suspects the same, SANTA CRUZ MEDIA, INC. may suspend or
terminate your account without notice to you. If SANTA CRUZ MEDIA, INC.
suspends or terminates your account under this paragraph, it shall have no liability
or responsibility to you, including for any amounts that you have previously
paid.
LINKS
TO THIRD-PARTY SITES
SANTA
CRUZ MEDIA, INC. may present links or suggest links to third-party websites not
owned or operated by SANTA CRUZ MEDIA, INC. SANTA CRUZ MEDIA, INC. is not
responsible for the availability of these sites or their contents. You agree
that SANTA CRUZ MEDIA, INC. is not responsible or liable, directly or
indirectly, for any damage or loss caused or alleged to be caused by or in
connection with your use of or reliance on any content of any such site or
goods or services available through any such site.
MODIFICATIONS
TO SERVICE
SANTA
CRUZ MEDIA, INC. reserves the right at any time and from time to time to modify
or discontinue, temporarily or permanently, the Subscription Media (or any part
thereof) with or without notice to you, without any liability to you or to any
third party.
REMEDIES
You
agree that any unauthorized use of the Subscription Media that would result in
irreparable injury to SANTA CRUZ MEDIA, INC. and/or its affiliates for which
money damages would be inadequate, and in such event SANTA CRUZ MEDIA, INC.,
and its affiliates, as applicable, shall have the right, in addition to other
remedies available at law and in equity, to immediate injunctive relief against
you. Nothing contained in this Agreement shall be construed to limit remedies
available pursuant to statutory or other claims that SANTA CRUZ MEDIA, INC.,
its affiliates and/or licensors may have under separate legal authority.
INDEMNITY
You
agree to indemnify and hold harmless SANTA CRUZ MEDIA, INC. and its agents,
employees, representatives, affiliates, parents and subsidiaries from and
against any and all claims, losses, demands, causes of action and judgments
(including attorneys' fees and court costs) arising from or concerning your
breach of this Agreement and your use of the Subscription Media and to
reimburse them on demand for any losses, costs or expenses they incur as a
result thereof.
TERMINATION
SANTA
CRUZ MEDIA, INC. may in its sole discretion terminate this Agreement or suspend
your account at any time without notice to you in the event that you breach (or
SANTA CRUZ MEDIA, INC. reasonably suspects that you have breached) any
provision of this Agreement. If SANTA CRUZ MEDIA, INC. terminates this
Agreement, or suspends your account for any of the reasons set forth in this
paragraph, it shall have no liability or responsibility to you, and SANTA CRUZ
MEDIA, INC. will not refund any amounts that you have previously paid.
You
understand and agree that your cancellation of your account providing access to
Subscription Media is your sole right and remedy with respect to any dispute
with SANTA CRUZ MEDIA, INC.
DISCLAIMERS
You
understand and agree that your use of the Subscription Media is at your own
sole risk. THE SUBSCRIPTION MEDIA, (THE "PRODUCTS") ARE PROVIDED
"AS IS" AND WITHOUT WARRANTY BY SANTA CRUZ MEDIA, INC. OR ITS AGENTS,
EMPLOYEES, PARENTS, SUBSIDIARIES, AFFILIATES, LICENSORS, BUSINESS PARTNERS
AND/OR SUPPLIERS (THE "SANTA CRUZ MEDIA, INC. ENTITIES"), AS
APPLICABLE, AND, TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, THE SANTA
CRUZ MEDIA, INC. ENTITIES EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED
INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTY OF NONINFRINGEMENT. THE SANTA
CRUZ MEDIA, INC. ENTITIES DO NOT WARRANT, GUARANTEE, OR MAKE ANY
REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE PRODUCTS
WITH RESPECT TO PERFORMANCE, ACCURACY, RELIABILITY, SECURITY CAPABILITY OR
OTHERWISE. YOU WILL NOT HOLD ANY SANTA CRUZ MEDIA, INC. ENTITY RESPONSIBLE FOR
ANY DAMAGES THAT RESULT FROM YOU ACCESSING (INCLUDING ANY SOFTWARE OR SYSTEMS
YOU USE TO ACCESS) THE SERVICE OR USING THE PRODUCTS INCLUDING, BUT NOT LIMITED
TO, DAMAGE TO ANY COMPUTER, SOFTWARE OR SYSTEMS OR PORTABLE DEVICES YOU USE TO
ACCESS THE SAME . NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ANY PERSON
SHALL CREATE A WARRANTY IN ANY WAY WHATSOEVER RELATING TO ANY OF THE SANTA CRUZ
MEDIA, INC. ENTITIES.
SANTA
CRUZ MEDIA, INC. MAKES NO WARRANTY THAT ANY PARTICULAR COMPUTER OR PORTABLE
DEVICE WILL BE COMPATIBLE WITH THE SUBSCRIPTION MEDIA OR THAT ANY INTERNET
CONNECTION OR PLAYER WILL FUNCTION PROPERLY WITH THE SUBSCRIPTION MEDIA. IT IS
YOUR SOLE RESPONSIBILITY TO ENSURE THAT YOUR SYSTEM(S) WILL FUNCTION CORRECTLY
WITH THE SUBSCRIPTION MEDIA.
UNDER
NO CIRCUMSTANCES SHALL ANY SANTA CRUZ MEDIA, INC. ENTITY BE LIABLE FOR ANY
UNAUTHORIZED USE OF THE SUBSCRIPTION MEDIA.
UNDER
NO CIRCUMSTANCES SHALL ANY SANTA CRUZ MEDIA, INC. ENTITY BE LIABLE TO YOU FOR
ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF
BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND THE
LIKE) ARISING OUT OF THE USE OR INABILITY TO USE THE PRODUCTS, EVEN IF THE
SANTA CRUZ MEDIA, INC. ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. TO THE EXTENT THAT IN A PARTICULAR CIRCUMSTANCE ANY DISCLAIMER OR
LIMITATION ON DAMAGES OR LIABILITY SET FORTH HEREIN IS PROHIBITED BY APPLICABLE
LAW, THEN, INSTEAD OF THE PROVISIONS HEREOF IN SUCH PARTICULAR CIRCUMSTANCE,
THE SANTA CRUZ MEDIA, INC. ENTITIES SHALL BE ENTITLED TO THE MAXIMUM
DISCLAIMERS AND/OR LIMITATIONS ON DAMAGES AND LIABILITY AVAILABLE AT LAW OR IN
EQUITY BY SUCH APPLICABLE LAW IN SUCH PARTICULAR CIRCUMSTANCE, AND IN NO EVENT
SHALL SUCH DAMAGES OR LIABILITY EXCEED US$10.
LAW
AND LEGAL NOTICES
This
Agreement and any other terms or documents referred to herein represent your
entire agreement with SANTA CRUZ MEDIA, INC. with respect to your use of the
Service. If any part of this Agreement is held invalid or unenforceable, that
portion shall be construed in a manner consistent with applicable law to
reflect, as nearly as possible, the original intentions of the parties, and the
remaining portions shall remain in full force and effect. The laws of the State
of Montana, excluding its conflicts of law rules, govern this Agreement and your
use of the Subscription Media. You expressly agree that the courts in the State
of Montana, Flathead County, have exclusive jurisdiction over any claim or dispute
with SANTA CRUZ MEDIA, INC. or relating in any way to your account or your use
of the Service, the Subscription Media, the Materials and the Client. You
further agree and expressly consent to personal jurisdiction over you in the
federal and state courts in Flathead County in connection with any such dispute
including any claim involving SANTA CRUZ MEDIA, INC. or its partners, parents,
licensors, affiliates, subsidiaries, employees, contractors, officers,
directors or suppliers.
*SUBSCRIPTION
SERVICE ADDENDUM
There
are no Addendums at this time.
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