Terms and Conditions

Going Beyond Ministries

Terms and Conditions

 

1. Acceptance of Terms and Conditions
   Welcome! Going Beyond Ministry (“GBM,” “we,” “us” or “our”) is providing this website, application (e.g., mobile apps, tablet apps) or other interactive service (collectively, all such websites, applications and other interactive services are individually and jointly referred to as “Site”). The Site is owned, operated and provided on behalf of GBM. Your use of the Site is conditional upon your acceptance of these Terms & Conditions (“Terms”), including our Privacy Policy [Privacy Policy: http://www.goingbeyond.com/privacy-policy/]. GBM reserves the right to amend these Terms from time to time without notice and at our discretion. It is your responsibility to review the Terms for updates periodically, which shall be effective once posted.
   
   YOUR CONTINUED USE OF THE SITE WILL BE DEEMED ACCEPTANCE OF THESE TERMS, INCLUDING OUR PRIVACY POLICY.

2. Registration, User Information and Eligibility
   You may have the option to register for certain portions of the Site, in such instances you agree to provide true, accurate and complete information about yourself as prompted during the registration process (“User Information”) and to maintain and promptly update your User Information in order to keep it true, accurate, current and complete. You acknowledge and agree that you are solely responsible for the accuracy and content of User Information, and further that GBM is entitled to rely on the accuracy and completeness of the User Information. If GBM has reasonable grounds to suspect that the User Information you have provided is untrue, inaccurate or incomplete, then GBM shall have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof). You acknowledge and agree that GBM shall have no liability associated with or arising from your failure to provide and maintain accurate User Information, including, but not limited to, your failure to receive critical information about the Site or your account. You further agree that GBM is authorized to verify any of the User Information that you provide.GBM respects your privacy, and as such requires that anyone signing up with the Site must be 13 years of age or older. By signing up you represent that you are either an adult, an emancipated minor or have obtained the legal consent of your parent, legal guardian or account holder to sign up with the Site and to fulfill the obligations and agree to these Terms.

   Please read our Privacy Policy, which provides additional information on options we may provide to register on the Site and the information we collect, use, disclose, manage and store. Your user name and password are personal to you and you may not allow any others to use your user name or password under any circumstances. To the fullest extent permissible by law, we are not liable for any harm caused or related to the theft or misappropriation of your user name or password, disclosure of your user name or password, or your authorization of anyone else to use your user name or password. You agree to immediately notify us if you become aware of or believe there is or may have been any unauthorized use of (or activity using) your user name or password or any other need to deactivate your user name or password due to security concerns.

   You acknowledge and agree that GBM may rely on the User Information to send you important information and notices regarding your account and the Site. From time to time, we may send you newsletters and other promotions by email or SMS. You can unsubscribe from our newsletters and other promotions through the unsubscribe mechanism contained in the applicable message.

3. Subscriptions and Free Trial
   GBM offers options for you to subscribe and access content, such as video, audio and other media, offered on the Site by GBM (“Subscription Content”). The Subscription Content shall be available to you after signing up for a Subscription Plan. All access to the Subscription Content requires you to set-up an account on the Site, with accurate User Information and a valid credit card.Subscription Plans are offered as quarterly or yearly options, and automatically renew for additional plan periods until you cancel the Subscription Plan or GBM terminates your account. All Subscription Plan options are subject to change.

   A Free Trial period is offered to you when signing up for a Subscription Plan. The Free Trial provides you with free access to the Subscription Content for 48-hours (or such other time as designated at sign-up). Immediately following the Free Trial period, your account will be billed for the selected Subscription Plan, unless you cancel your subscription prior to the end of the Free Trial period. No notice will be given when the Free Trial period has ended.

   You acknowledge and agree that you understand that your access and use of the Subscription Content is limited to personal, non-transferrable access, and is subject to any restrictions placed on such media content.

4. Subscription Payment, Cancellation and Termination
   When you sign up for a Subscription Plan, following the end of the Free Trial period, your account will be charged for the full amount of the selected subscription option. No refunds, offsets or credits will be given for early cancelation or termination of a subscription plan or account. Upon the automatic renewal of a subscription plan you will be charged the full amount of the selected subscription option. In order to maintain access to the Subscription Content you must maintain accurate and updated User Information and a valid credit card.GBM reserves the right to change subscription options and pricing at any time. You may cancel your account at any time. Following your cancellation you shall continue to have access to the Subscription Content until the end of your current Subscription Plan option.

   GBM EXPRESSLY RESERVES THE RIGHT TO TERMINATE AND DENY ACCESS TO THE SITE, OR ANY PART THEREOF, FOR ANY REASON, INCLUDING THE MISUSE AND/OR ABUSE OF YOUR ACCESS TO THE SITE OR THE SUBSCRIPTION CONTENT, OR ARE IN VIOLATION OF THESE TERMS AND CONDITIONS, THE PRIVACY POLICY, OR ANY OTHER AGREEMENT OR LICENSE WITH US OR AFFECTING US. Following termination, all access to the Subscription Content will be ended and no further charges will be billed your account. Your cancellation of your account and/or termination of a Subscription Plan will not affect any of GBM’s rights or your obligations arising under these Terms prior to termination.

5. Site Store
   GBM may from time to time offer physical and/or digital goods (“Products”) and services for purchase through the Site (the “Site Store”). In such instances, additional terms may apply to your use and access of the Site Store, which are incorporated herein by this reference. The Site Store may utilize third party operational service providers. All purchases made through these third party operational service providers are subject to their respective terms and conditions of use. GBM is not responsible and shall have no liability whatsoever for goods or services you obtain through our third party operational service providers or other web sites or web pages. We encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online transaction with any of these third parties. You agree to pay in full the prices for any Products purchased on the Site Store concurrent with your order. You agree to pay all applicable taxes.

6. Intellectual Property
   GBM is the owner and/or authorized user of all trademarks, copyrights and all other intellectual property appearing on or contained within the Site, including, but not limited to, video, audio, sounds, text, images, photos, pages and software, unless otherwise indicated. Except as provided in these Terms, use of the Site does not grant you any right, title, interest or license in and to any such intellectual property and proprietary rights you may access on the Site. Except as provided in these Terms, any use or reproduction of the intellectual property is prohibited. You agree that you are permitted to use this content only as set out in these Terms or as otherwise expressly authorized in writing by GBM or our licensors, and that you may not otherwise copy, reproduce, transmit, publicly perform, distribute, commercially exploit, adapt, translate, modify, bundle, merge, share or make available to any person, or create derivative works of such material or content. If you make other use of the Site, or the content, code, data or materials thereon, except as otherwise provided herein, you may violate trademark, copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use. GBM will enforce its trademark, copyright and other intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.

7. DMCA Policy
   GBM respects the intellectual property of others. If you believe that your copyrighted work has been used in way that constitutes copyright infringement and is accessible on the Site, you may notify our Copyright Agent, as set forth in the Digital Millennium Copyright Act of 1998 (“DMCA”). For your complaint to be valid under the DMCA, you must provide the following information in writing (see 17 U.S.C 512(c)(3) of the U.S. Copyright Act for further detail):A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

   Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

   Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;

   Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
   A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

   A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

   The above information must be submitted as a written or emailed notification to the following designated Copyright Agent at:

   Going Beyond Ministries
   P.O. Box 2122
   Cedar Hill, TX 75106
   Attn: Copyright Agent

   dmca@goingbeyond.com

8. User Conduct
   You acknowledge and agree that you are solely responsible for your conduct on the Site and the use of the Site for unlawful or harmful activities is not allowed. You represent, warrant and agree that you shall not: (a) impersonate any person or entity or misrepresent your affiliation with any other person or entity; (b) upload, post, publish, transmit, reproduce, distribute or in any way exploit any information or other material obtained through the Site for commercial purposes (other than as expressly permitted by the provider of such information or other material); (c) engage in spamming, flooding, harvesting of e-mail addresses or other personal information, spidering, “screen scraping,” “database scraping,” or any other activity with the purpose of obtaining lists of users or other information, or send chain letters or pyramid schemes via the Site; (d) attempt to gain unauthorized access to other computer systems through the Site; (e) “stalk” or otherwise harass anyone using the Site or access through the Site; (f) contact anyone using the Site or accessed through the Site for any commercial purpose; (g) contact anyone using the Site or accessed through the Site for any inappropriate, unlawful, or elicit purpose; (h) intentionally or unintentionally engage in or encourage conduct that would violate any applicable local, state, national or international law, rule, regulation, judicial or government order or treaty or give rise to civil liability or violate or infringe upon any intellectual property, proprietary, privacy, moral, publicity or other rights of ours or of any other person or entity; or (i) modify, disrupt, damage, disable, overburden, impair, alter or interfere with the use, features, function, operation or maintenance of the Site or the rights or use or enjoyment of the Site by any other party.Further, you acknowledge, consent and agree that GBM may access, preserve and disclose your account and registration information and any other content or information if required to do so by law or if based on a good faith belief that such access, preservation or disclosure is reasonably necessary to (a) comply with the legal process; (b) enforce these Terms and/or the Privacy Policy; (c) respond to claims that any content or information violates the rights of any third party; (d) respond to your requests for customer or technical service; or (e) protect the rights, property or personal safety of GBM, Site users or any third parties.

9. User Risk
   You assume all risk when using the Site, including, but not limited to, all of the risks associated with any online or offline interactions with others, including communication, bartering, buying, selling, and correspondence. You agree to take all necessary precautions associated with such activities. GBM IS NOT LIABLE OR RESPONSIBLE FOR ANY ACTIVITIES YOU ENGAGE IN WITH PERSON(S) YOU FIND AND/OR WHO FIND YOU THROUGH OR ON THE SITE, AND GBM EXPRESSLY WAIVES ANY AND ALL WARRANTIES OF SAFETY AND RESPONSIBILITY FOR YOUR CONDUCT AND INTERACTIONS.

10. Third Party Websites and Apps
    The GBM Site may link to other sites and/or applications that may be of interest to you but are not under our control. These links do not imply endorsement by GBM and we are not responsible for the availability of or the content contained in any linked site and/or application. If any third party site or application you interact with obtains or collects any personally identifiable information from you, in no event shall we assume or have any responsibility or liability. Accordingly, GBM encourages you to be aware when you leave the Site and to read the terms and conditions and privacy policy of each other website that you visit or application that you engage with.

11. Promotions
    GBM may conduct promotions on, through or in connection with the Site, including, without limitation, contests and sweepstakes (collectively, the “Promotions”). Each Promotion may have additional terms and/or rules which shall be posted or otherwise made available to you and, for purposes of each Promotion, shall be deemed incorporated into and form a part of these Terms.

12. Disclaimer of Warranties
    THIS SITE IS PROVIDED “AS IS,” AND YOUR USE THEREOF IS AT YOUR OWN RISK. WE, OUR SUCCESSORS AND ASSIGNS, DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, AGENTS, LICENSORS, ADVERTISERS, SUPPLIERS, VENDORS AND OPERATIONAL SERVICE PROVIDERS, DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SITE WILL BE FREE FROM VIRUSES, AVAILABLE OR THAT THE CONTENTS WILL BE ACCURATE. ALTHOUGH WE TAKE REASONABLE STEPS TO SECURE THE SITE, YOU ACKNOWLEDGE THAT THE INTERNET IS NOT A COMPLETELY SECURE MEDIUM AND WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, THAT ANY INFORMATION OR MATERIALS YOU POST ON OR TRANSMIT THROUGH THE SITE WILL BE SAFE FROM UNAUTHORIZED ACCESS OR USE. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE.

13. Limitation of Liability
    TO THE FULLEST EXTENT PERMITTED BY LAW WE, OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND ASSIGNS, HEREBY DISCLAIM ALL LIABILITY FOR ANY LOSS, COST OR DAMAGE (DIRECT, INDIRECT, CONSEQUENTIAL ,OR OTHERWISE) SUFFERED BY YOU AS A RESULT OF YOUR USE OF THE SITE OR FROM ANY COMPUTER VIRUS TRANSMITTED THROUGH THE SITE, OR OTHER SITES ACCESSED FROM THIS SITE, WHETHER SUCH LOSS, COST OR DAMAGE ARISES FROM OUR NEGLIGENCE OR OTHERWISE AND EVEN IF WE ARE EXPRESSLY INFORMED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, COSTS, LOSSES AND CAUSES OF ACTION IN THE AGGREGATE (WHETHER IN CONTRACT, TORT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, OR OTHERWISE) ARISING FROM THE TERMS AND CONDITIONS, INCLUDING OUR PRIVACY POLICY, OR USE OF THE SITE EXCEED, IN THE AGGREGATE, NO MORE THAN TWO (2) TIMES THE ANNUAL SUBSCRIPTION PLAN FEE ACTUALLY PAID BY YOU.

14. Indemnity
    You agree to defend, indemnify and hold GBM, its successors and assigns, directors, officers, employees, representatives, agents, licensors, advertisers, suppliers, vendors and operational service providers harmless from any and all claims, liabilities, damages, losses, costs and expenses (including attorneys’ fees and court costs) arising out of or relating to: (a) your use of the Site, including, but not limited to use of any Subscription Content or the Site Store; and (b) any violation, breach or alleged breach of these Terms or the Privacy Policy. GBM reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such Claim.

15. Relationship of Parties
    Nothing contained in these Terms or the Privacy Policy shall constitute a partnership between or joint venture between GBM and you, or constitute either party as the agent of the other. Neither party shall hold itself out contrary to the terms of these Terms or the Privacy Policy, and neither party shall be or become liable by reason of any representation, act or omission of the other contrary to the provisions the same. Except as otherwise expressly provided for, these Terms and the Privacy Policy are not for the benefit of any third party and shall not be deemed to give any right or remedy to any such party.

16. Governing Law and Venue
    These Terms and the Privacy Policy, and any matter relating to this Site, shall be governed by laws of the State of Texas in the United States of America, without regard to its principles of conflicts of laws. The exclusive venue of any mediation, action or other proceeding arising out of these Terms and/or the Privacy Policy shall be in the state and federal courts in Dallas County, in the State of Texas. You further agree to accept service of process by certified mail, return receipt requested at the address designated by you. GBM will be entitled to recover court costs and reasonable attorneys’ fees and expenses incurred in successfully proving any breach of these Terms or the Privacy Policy. Notwithstanding the foregoing, GBM and our assignees, successors and designees may seek injunctive or other equitable relief in any jurisdiction to enforce the terms of this agreement and our rights hereunder.

17. Compliance with Local Laws
    GBM operates the Site from its offices in the United States of America. GBM does not represent that content on the Site are appropriate or available for use in other locations. Any party who choose to access the Site from other locations, does so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.

18. Assignment
    You shall not assign any of your rights and/or delegate any of your obligations under these Terms or the Privacy Policy. Any purported assignment and/or delegation by you shall be null and void. GBM may freely assign and/or delegate any of its rights and/or obligations under these Terms and/or under the Privacy Policy. These Terms and the Privacy Policy shall be binding upon and inure to the benefit of GBM and you, and each parties’ respective successors and assigns.

19. Headings
    The headings that are made in these Terms and the Privacy Policy are provided for the purpose of convenience only and shall not be construed in interpreting the provisions contained herein.

20. Severability
    If any provision (or part of a provision) of these Terms and/or Privacy Policy is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force. If any invalid, unenforceable or illegal provision would be valid, enforceable or legal if some part of it were deleted, the provision shall apply with whatever modification is necessary to give effect to the commercial intention of the parties.

21. Entire Agreement
    These Terms & Conditions, including our Privacy Policy, constitutes the entire agreement between you and us in relation to its subject matter and supersedes any and all prior promises, representations, agreements, statements and understandings whatsoever between us. To the extent that other content or software is available through the Site, such content and software may be subject to a license agreement that is distributed or included with such content and software and you agree to abide by the terms and conditions of any such license agreements. The failure by us to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision.

 

 

UPDATED: AUGUST 3, 2017