Scope and Applicability. These Terms of Use (the "Agreement") are applicable to
the Web pages, programs, products, services, data files, written text, computer software, music, audio files, photographs, videos or other images, content, databases, software code
and other information (collectively, the "Services") provided
by MinistryWebStores, Inc,., a California corporation ("Parable.com")
on the Web site(s) accessed via the Internet (collectively, the "Web site(s)") owned by The Parable Group, Inc., a
California corporation ("Parable"). The content and information
included in the Services are provided by Parable.com and
its third party clients, suppliers and service providers, which collectively with Parable shall be referred to as
the "Information Providers". These Services are made available
by Parable.com and/or Parable subject to the terms and
conditions of this Agreement.
Agreement. BY VIEWING THE WEB SITE(S) AND USING THE SERVICES, YOU
AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT, INCLUDING
THE WARRANTY DISCLAIMERS, LIMITATIONS OF LIABILITY AND
TERMINATION PROVISIONS BELOW. IF YOU DO NOT AGREE TO SUCH
TERMS AND CONDITIONS, PARABLE.COM AND PARABLE ARE NOT WILLING
TO PROVIDE YOU WITH ACCESS TO THE SERVICES, AND YOU SHOULD
IMMEDIATELY DISCONTINUE YOUR USE OF THE WEB SITE(S). Parable.com may modify this Agreement from time to time
in its sole discretion and without notice to you. You should
review this Agreement periodically to ensure familiarity
with its then-current terms and conditions. Your continued
use of the Services shall constitute your acceptance of
this Agreement and your continued use of the Services following
any modification of this Agreement shall constitute your
acceptance of such modifications to this Agreement. Use of the Services. In accordance with the terms and conditions of this Agreement, Parable.com grants you a non-exclusive, limited, non-transferable
license to use the Services and view the online content
for your personal, non-commercial use. The Services (and
the content and information included therein) are protected
by copyright pursuant to United States laws and international
treaties and are owned or licensed by Parable.com and/or
the Information Provider(s) credited. You shall abide by
all copyright notices, information, or restrictions contained
in any content or information accessed through the Services. You may not reproduce, retransmit, disseminate, sell, distribute, perform, display, publish, broadcast, circulate, create
derivative works from, or commercially exploit the Services
(including the content and information made available through
the Services), in whole or in part, in any manner, without
the prior written consent of Parable.com, nor use the content
or information made available through the Services for
any unlawful purpose. You may not replay for commercial
purposes video and/or audio materials available on the
Web site(s). Nothing contained in this Agreement shall
be construed as conferring any right in any copyright, trademark, or other intellectual property of Parable.com
or Parable to you. Violation of this policy may result
in infringement of the intellectual property and contractual
rights of Parable.com, the Information Providers and/or
other third parties, which is prohibited by law and could
result in substantial civil and criminal penalties. No part of these materials may be copied, reproduced, uploaded, posted, transmitted or distributed in any form or by any
means, electronic or mechanical, now known or hereafter
invented without the prior written consent of Parable.com
and/or the Information Providers. Notwithstanding the foregoing, you may print hard copies of pages from the Web site(s)
and the printable versions displayed therein for your personal, temporary, non-commercial use, provided you maintain all
copyright and other notices contained therein. No other
copying of the Web site(s), in whole or in part, is permitted
without Parable.com's prior express written authorization, which may be withheld for any reason. To deliver the Services, it may be necessary for Parable.com
or Google's advertising management program, as may be used
on the Web site(s), to collect information about you and
your use of the Web site(s). For more information please
read the Privacy Policy posted by Parable.com on or in
connection with the Services, whose terms are incorporated
by this reference.
You agree to accept sole responsibility for: (1) any use
of Internet facilities conducted or permitted by you or
your agents, contractors, employees or other users; (2)
the conduct of any business, advertising, marketing or
sales in connection therewith; and (3) any negligent or
illegal act or omission of you or your agents, contractors, employees or other users.
When retrieving information from the Services, you are
expressly prohibited from: (1) using or attempting to use
data mining, spiders, robots, intelligent agents, or any
other similar data gathering, extraction or navigation
search methods except for a normal browser; (2) aggregating, copying or duplicating any of the materials or information
available from the site except for the small amount of
materials and information temporarily required for an ordinary
single use of the Web site; or (3) accessing data not intended
for such user. Hyperlinks on the Web Site(s). Parable.com may from time to time, directly or indirectly, provide hyperlinks ("links") to or, in our sole discretion, accept links from Web sites of third parties. Parable.com
does not control or maintain the material presented by
other persons in their Web sites. The inclusion of any
link on the Web site(s) does not imply an association or
relationship between Parable.com (and/or Parable) and the
person or entity sponsoring the linked site and does not
constitute or imply an endorsement, approval or sponsorship
of the linked site by Parable.com and/or Parable, or the
endorsement, approval or sponsorship of Parable.com and/or
Parable by the sponsor of the linked site. The links do
not imply legal authority to use any protected rights of
others reflected in the links. We do not vouch for or assume
any responsibility for the content, accuracy or completeness
of the material presented directly or indirectly in linked
sites. If you use any of the links, you will leave the
Web site(s).
Linking to the Web Site(s). You may not link other sites to the Web site(s) without
prior authorization by Parable.com, which may be withheld
for any reason. In all circumstances, you may not frame
or alter the appearance of the Web site(s) or reproduce
or host content from the Web site(s) on your Web site.
Further, you may not state or imply that Parable.com or
Parable endorses, sponsors or otherwise approves your site.
You may not use any of the Parable® trademarks or logos
without prior written consent, which may be withheld for
any reason.
Submissions to Web Site(s). All concepts, ideas, comments, manuscripts, illustrations
and all other materials disclosed or offered on or in connection
with the Web site(s) are submitted without any restrictions
or expectation of confidentiality. Neither Parable.com
nor Parable shall have any financial or other obligations
to you when you submit such information, nor shall you
assert any proprietary or moral right of any kind with
respect to such submissions. We shall have the right to
use, publish, distribute, transmit, download, upload, post, display or otherwise distribute your submissions in any
manner without notice or compensation to you.
Parable.com does not represent or warrant that information
and content provided in connection with the Services is
or will be always up-to-date, complete, accurate or available
for viewing. The Services include facts, views, opinions
and recommendations of individuals and organizations deemed
of interest. Neither Parable.com nor the Information Providers
guarantee the accuracy, completeness or timeliness of, or otherwise endorses, these views, opinions or recommendations.
Parable.com reserves the right (but shall have no obligation)
to pre-screen, review, flag, filter, modify, refuse or
remove any content from the Web site(s). Parable.com will
take reasonable efforts to correct any inaccuracies that
are brought to its attention. Parable.com does not represent or warrant that information
and content provided in connection with the Services is
or will be always up-to-date, complete, accurate or available
for viewing. The Services include facts, views, opinions
and recommendations of individuals and organizations deemed
of interest. Neither Parable.com nor the Information Providers
guarantee the accuracy, completeness or timeliness of, or otherwise endorses, these views, opinions or recommendations.
Parable.com reserves the right (but shall have no obligation)
to pre-screen, review, flag, filter, modify, refuse or
remove any content from the Web site(s). Parable.com will
take reasonable efforts to correct any inaccuracies that
are brought to its attention.
Notwithstanding the foregoing, we have no duty to edit
or review materials submitted by users. Parable.com and
the Information Providers give no assurances whatsoever
regarding the information or materials available on the
Web site(s). If you submit any information to the Web site(s), you agree not to: (1) post or transmit anything that is
defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that
could encourage criminal or unethical behavior; (2) post
or transmit any pyramid schemes, chain letters or conduct
gambling; (3) post or transmit anything that violates the
copyright or intellectual property rights of any person
or entity; (4) post or transmit a virus or any other harmful
component; (5) post anything that you know is incorrect
or potentially harmful to any third party; or (6) contact
other users of the Web site(s) through unsolicited e-mail, telephone calls, mailings or any other method of communication.
Any such materials may be removed from the Web site(s)
at any time for any reason. If, through the use of the Services, you decide to submit, enter or transmit information or materials of any kind, you are solely responsible for ensuring that you may do
so and that such information and materials can be accessed, used, copied, distributed and adapted by other users of
the Services (including Parable.com and its Information
Providers) without liability or restriction. You agree
to indemnify Parable.com and the Information Providers
from any damage, loss, cost or expense which may be incurred
by Parable.com as a result of the material you link, upload, post or transmit to the Web site(s). If you would like to request information about what we
collect, please feel free to call or write us as well.
In accordance with California law, we will respond in writing
to your request within thirty (30) days. Intellectual Property Rights. Unless otherwise noted, all materials, including but not
limited to the Web site(s), all articles, text, graphics, logos, images, illustrations, designs, icons, photographs, video clips, audio clips, all menu pages, underlying HTML
code, and software that is part of the Web site(s), are
protected under copyright laws and are the trademarks, trade dress and/or other intellectual properties owned, controlled or licensed by Parable.com, the Information
Providers, or is otherwise part of the public domain.
Without prior written consent, you may not republish, frame, retransmit, modify or create derivative works of any material
contained in the Web site(s) on any other Web site or in
materials of any other entity. Further, the computer code
created by or for Parable.com to generate the Web site(s)
is protected by copyright and any copying or adapting of
such code is strictly prohibited. Termination. In accordance with the terms and conditions of this Agreement, Parable.com may discontinue or change the Services, or
their availability to you, immediately, in its sole discretion, at any time without cause. Parable.com may terminate this
Agreement and your access to and use of the Services, or
any portion thereof, immediately, in its sole discretion, at any time without cause.
Disclaimer of Warranties. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES
IS AT YOUR SOLE RISK. THE SERVICES AND THE INFORMATION
PRESENTED ON THE WEB SITE(S) ARE PROVIDED ON AN "AS IS"
BASIS WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND
INCLUDING, BUT NOT LIMITED TO, MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, SUITABILITY, RELIABILITY, NONINFRINGEMENT, RESULT OR OUTCOME. ANY REPRESENTATION OR WARRANTY THAT
MIGHT BE OTHERWISE IMPLIED IS EXPRESSLY DISCLAIMED BY PARABLE.COM
AND THE INFORMATION PROVIDERS.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE
USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND
RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE
TO YOUR COMPUTER SYSTEM OR OTHER DEVICE SUCH AS LOSS OF
DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. ALTHOUGH THE WEB SITE MAY CONTAIN AN ELECTRONIC BULLETIN
BOARD (THE "BULLETIN BOARD"), PARABLE.COM SHALL HAVE NO
RESPONSIBILITY OR LIABILITY FOR THE ACCURACY OF ANY OPINIONS, ADVICE, REPRESENTATIONS OR INFORMATION POSTED ON THE BULLETIN
BOARD. PARABLE.COM RESERVES THE RIGHT (BUT SHALL NOT HAVE
AN OBLIGATION) TO REMOVE POSTINGS THAT IT DEEMS INAPPROPRIATE
OR OFFENSIVE; PROVIDED, HOWEVER, PARABLE.COM BEARS NO RESPONSIBILITY
FOR THE CONTENT ON THE WEB SITE(S), ANY THIRD PARTY'S RELIANCE
THEREON, OR THE IMPROPER USE OF THE WEB SITE(S) BY ANY
THIRD PARTY, WHICH SHALL INCLUDE, BUT NOT BE LIMITED TO, VIOLATIONS OF APPLICABLE ANTI-SPAMMING LAWS OR ANY VIOLATION
OF ANY LAWS AND STATUTES REGULATING THE USE OF INTERNET
WEB SITES, POSTING INFORMATION THAT CONTAINS VULGAR OR
QUESTIONABLE LANGUAGE, THAT MAY BE ILLEGAL UNDER FEDERAL
OR STATE LAWS, OR MAY BE ILLICIT, INDECENT OR PORNOGRAPHIC
IN NATURE. Limitation of Liability. TO THE MAXIMUM EXTENT PERMISSIBLE BY LAW, NEITHER PARABLE.COM
NOR ANY OF THE INFORMATION PROVIDERS, MANAGERS, MEMBERS, SUBSIDIARIES, AFFILIATES, SERVICE PROVIDERS, LICENSORS, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES OR AGENTS
SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATING
TO THIS AGREEMENT, YOUR USE OF THE SERVICES, ACCESS TO
OR INABILITY TO ACCESS THE SERVICES, USE OF OR RELIANCE
ON THE INFORMATION IN OR THROUGH THE SERVICES, OR RESULTING
FROM THE USE OR THE INABILITY TO USE THE SERVICES, INCLUDING
BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA, GOODWILL, BUSINESS REPUTATION, THE COST OF PROCUREMENT
OF SUBSTITUTE GOODS OR SERVICES, OR ANY OTHER INTANGIBLE
LOSS, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. NEITHER PARABLE.COM NOR ANY OF THE INFORMATION
PROVIDERS, SUBSIDIARIES, AFFILIATES, SERVICE PROVIDERS, LICENSORS, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES
OR AGENTS SHALL BE LIABLE TO YOU OR OTHERS FOR LIABILITY
OR DAMAGES UNDER CONTRACT OR TORT THEORIES OR ANY DAMAGES
CAUSED BY VIRUSES, "TROJAN HORSES," "WORMS," "TIME BOMBS,"
OR ANY OTHER DAMAGING COMPUTER PROGRAMMING ROUTINES OR
ENGINES CONTAINED WITHIN ELECTRONIC FILES OF THE WEB SITE(S)
OR ANY LINKED SITE, REGARDLESS OF PRIOR NOTICE TO PARABLE.COM
OR THE INFORMATION PROVIDERS. IN NO EVENT SHALL PARABLE.COM
BE LIABLE FOR DAMAGES TO YOU OR ANY THIRD PARTY FOR ANY
DEFICIENCY, ERROR OR INTERRUPTION IN THE SERVICES. Limitation of Claims. Unless statute mandates a lesser period, any action on
any claim against Parable.com and/or the Information Providers
must be filed by the user within one (1) year following
the date the claim first accrued or it shall be deemed
waived.
Privacy Policy. For information about our data protection practices, please
read our Privacy Policy as posted on the Web site(s). This
policy explains how Parable.com treats your personal information
and protects your privacy when you use the Services. In
using the Services, you agree to the use of your data in
accordance with our Privacy Policy.
Advertisements. Some of the Services are supported by advertising revenue
and may display advertisements and promotions in connection
with Google's advertising management system. These advertisements
may be targeted to the content of information stored on
the Services, queries made through the Services or other
information. The manner, mode and extent of advertising
on the Services are subject to change without specific
notice to you. In consideration for Parable.com granting
you access to and use of the Services, you agree that Parable.com
or Google's advertising management system may place such
advertising on the Services.
Copyright Agent. Parable.com will, in appropriate circumstances, remove
from the Web site(s) information that might infringe the
intellectual property rights of others. If you believe
your work has been used or copied in a way that constitutes
copyright infringement and such infringement is occurring
on the Web site(s) or on sites to which the Web site(s)
link, you must provide our Copyright Agent with notice, including substantially the following: - A physical or electronic signature of the person authorized
to act on behalf of the owner of the copyright interest
that is allegedly infringed;
- A description of the copyrighted work or works that you
claim have been infringed and an identification of what
material in such work(s) is claimed to be infringing and
which you request to be removed from the Web site. If multiple
copyrighted works are covered by a single notification, a representative list of such works must be provided;
- Identification of the location on the Web site of the allegedly
infringing material(s) reasonably sufficient to permit
Parable.com to locate the material(s);
- Information reasonably sufficient to permit us to contact
you, including your physical address, telephone number, fax number and, if available, your direct email address;
- A statement by you that you have a good faith belief that
the use of the material(s) in the manner complained of
is not authorized by the copyright owner, its agent, or
the law; and
- A statement by you that the information in your notice
is accurate, and under penalty of perjury, that you are
the copyright owner or authorized to act on the copyright
owner's behalf.
Notice of copyright infringement should be mailed to Parable.com's
Copyright Agent at the following address: By mail: Frankie Conway/Copyright Agent c/o MininstryWebStores, Inc. 3563 Empleo Street San Luis Obispo, CA 93401
THE COPYRIGHT AGENT SHOULD BE CONTACTED ONLY IF YOU BELIEVE
THAT YOUR WORK HAS BEEN USED OR COPIED IN A WAY THAT CONSTITUTES
COPYRIGHT INFRINGEMENT AND SUCH INFRINGEMENT IS OCCURRING
ON THE WEB SITE OR ON SITES LINKED TO FROM THE WEB SITE(S).
ALL OTHER INQUIRIES DIRECTED TO THE COPYRIGHT AGENT WILL
NOT RECEIVE A RESPONSE. Additional Disclosures and Information. Excluding any services provided to you by Parable.com under
a separate written agreement, this Agreement together with
Parable.com's Privacy Policy constitute the entire agreement
between you and Parable.com regarding the use of Services
appearing on the Web site(s) and supersede any and all
previous and contemporaneous oral and written agreements
between you and Parable.com regarding your use of the Web
site(s) and/or the Services. The Web site(s) (excluding linked sites) are controlled
by Parable.com from its offices within the State of California, U.S.A. By accessing the Web site(s), you and Parable.com
agree that all matters relating to your access to, or use
of, the Web site(s) shall be governed by the statutes and
laws of the State of California, without regard to conflicts
of laws principles. You and Parable.com also agree and
hereby submit to the exclusive personal jurisdiction and
venue of the Superior Court of San Luis Obispo County and
the United States District Court for the Central District
of California with respect to such matters. Parable.com
makes no representation that the Services (and the content
and information included therein) are appropriate for use
in other locations. Those who choose to access the Services
from locations outside California shall be responsible
for compliance with local laws, if and to the maximum extent
local laws may be applicable. Notwithstanding the foregoing, you agree that Parable.com shall still be allowed to apply
for injunctive relief (or an equivalent type of urgent
legal relief) in any jurisdiction. If, for any reason, a court of competent jurisdiction finds
any provision of this Agreement, or portion thereof, to
be unenforceable, that provision shall be enforced to the
maximum extent permissible so as to effect the intent of
Parable.com as reflected by that provision, and the remainder
of this Agreement shall continue in full force and effect.
Any failure by Parable.com to enforce or exercise any provision
of this Agreement or related rights shall not constitute
a waiver of that right or provision. The headings used
in this Agreement are inserted only for convenience and
ease of reference and are not to be considered in the construction
or interpretation of any provision of this Agreement. Parable.com may make changes to these Terms of Use from
time to time. When these changes are made, Parable.com
will post a new copy of the Terms of Use on the Web site(s).
You understand and agree that if you use the Services after
the date on which the Terms of Use have changed, Parable.com
will treat your use as acceptance of the updated Terms
of Use. For additional information about the Web site(s) or the
Services, please contact us using the e-mail form available
on the "Contact Us" page of the Web site(s). Effective Date: April 28, 2011 |