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Terms of Use

The Journey Ministry, Inc. ("TJM") owns and operates the thejourneyradioministry.org website ("Site").  The following Terms of Use ("Terms") govern your use of the Site.  Other websites owned or controlled by TJM may have their own terms of use and should be reviewed accordingly.

The Terms are effective as of February 8, 2010.

In consideration of being granted access to the Site, you agree to be bound by the Terms and all applicable laws.  By using the Site, you accept, without limitation or qualification, the Terms and acknowledge that any other agreements between you and TJM are superseded and are of no force or effect.  If you do not agree to the Terms in its entirety, you must leave the Site.

Age and Geographic Restrictions

The Site is intended for users 18 years of age and older.  By accessing the Site, you represent that you are 18 years of age or older.

TJM operates the Site from the United States.  The Site is intended for users within the United States.  If you use the Site outside of the United States, you are responsible for following applicable local laws.  Please note that by using the Site, you agree that personally identifiable information may be transmitted to the United States.

Changes To Terms

TJM reserves the rights to make any modifications to the Terms TJM believes are necessary at any time, so feel free to review this Site at any time.  Your continued use of the Site means that you agree to any such changes.  Any changes to the Terms will be posted on the main page of the Site for thirty (30) days prior to such changes taking effect.  If the changes involve the collection, use, or sharing of your personally identifiable information, TJM will send you an email thirty (30) days prior to such changes taking effect.

Description of Site

Please feel free to browse the Site.  TJM maintains the Site for your spiritual edification, information, and education.

Intellectual Property Issues

Certain elements of the Site are protected by U.S. and international copyright laws.  Unless expressly stated to the contrary, everything you see or read on the Site, to the extent allowed by law, is and shall remain the copyrighted property of TJM ("TJM Content").  Unauthorized use, copying, republishing, posting, editing, transmission, distribution, or modification to create derivative works of TJM Content is prohibited.  TJM Content must not be used in a way that indicates or implies an association with TJM.  TJM authorizes the download and printing of one (1) copy of each Site page for non-commercial, personal use.  Any other use requires express written permission of TJM.  You should never remove or alter any proprietary notices, such as copyright or trademark notices, found on the Site.

You are able to post comments to the Site as part of the Site's blog function.  These comments (hereafter referred to as "User Content") remain the property of the posting party or other respective owner.  TJM makes no claims of ownership in any User Content.  Further, you represent and warrant that: (1) you are the rightful owner of any User Content you post, or otherwise have the legal right to post such User Content; and (2) your User Content does not violate the intellectual property rights, privacy rights, publicity rights, contract rights, or any other rights of any person or entity.

TJM does not represent or warrant that your use of materials or content displayed on the Site will not infringe the rights of third parties not owned by or affiliated with TJM.

Images of people or places displayed on the Site are either the property of, or used with permission by, TJM.  The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by the Terms.  Any unauthorized use of these images may violate copyright laws, trademark laws, the laws of privacy and publicity, and/or communications regulations and statutes.

The trademarks, logos, and service marks displayed on the Site are trademarks of TJM and others.  Nothing contained on the Site should be construed as granting any license or right to use any of the trademarks, logos, and service marks displayed on the Site without the written permission of TJM or such third party that may own the trademarks, logos, and service marks.  Your misuse of the trademarks, logos, and service marks displayed on the Site is strictly prohibited.  You are also advised that TJM will aggressively enforce its intellectual property rights to the fullest extent of the law.

Copyright Infringement Notification

If you believe that any content on the Site infringes your copyright and you want the content removed from the Site, please send a detailed message (under the Digital Millennium Copyright Act, the following information must be included in the message) to TJM's designated agent for notice of claims of copyright infringement:

(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

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

(iii) 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 TJM to locate the material.

(iv) Information reasonably sufficient to permit TJM to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.

(v) A statement that the complaining party has 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.

(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

TJM's Designated Agent is: Jennifer L. Rawson, Eckert Seamans Cherin & Mellott, LLC, 600 Grant Street, 44th Floor, Pittsburgh, PA 15219.  Phone: 412-566-6784  Fax: 412-566-6099  email: jrawson@eckertseamans.com

Please note that TJM takes copyright infringement very seriously and will remove infringing content from the Site.  TJM will also terminate the account of any person determined to be a repeat infringer.

Other Intellectual Property Infringement Notifications

If you believe that any content on the Site violates or infringes your intellectual property rights, other than copyright claims referenced in the previous section, please send a detailed email to Brenda Tenison (btenison@biblechapel.org) detailing your complaint.  TJM will investigate the matter.

Prohibited Conduct

In connection with your access and/or use of the Site, you agree not to:

(i) violate any federal, state, or local laws or regulations;

(ii) collect other users' personally identifiable information or use any technology such as a robot, spider, scraper or other automated means to access, scrape, or data mine the Site;

(iii) impose an unreasonable or disproportionately large network strain on TJM's computer and network infrastructure;

(iv) hack into or gain unauthorized access to protected areas of the Site and/or TJM's computers, servers or networks, and/or any computers or systems used by other users of the Site;

(v) destroy, damage, or impair any portion of the Site or any computers, systems, hardware, or software used by TJM or other users;

(vi) make unauthorized attempts to modify, add to, or subtract from, any information stored on, accessed, or collected by the Site;

(vii) defeat or circumvent Site security features;

(viii) submit false information when signing up for any online account;

(ix) conduct any unsolicited or unauthorized advertising or promotional activities;

(x) defame, abuse, stalk, harass, bully, threaten, or otherwise violate the legal rights of others;

(xi) use racially, ethnically, or otherwise offensive language;

(xii) promote illegal activity;

(xiii) use obscene language;

(xiv) engage in or facilitate illegal or inappropriate contact or conduct with minors or otherwise exploit minors in any manner;

(xv) solicit sexually explicit images (actual or simulated);

(xvi) solicit users' account access information to the Site; and/or

(xvii) post content relating to alcohol, tobacco, firearms, or gambling.

The previous list of prohibitions is not exclusive.  TJM reserves the right to terminate your access to the Site, and/or edit or delete User Content, for any behavior TJM deems inappropriate.

By accepting the Terms, you waive and hold harmless TJM from any legal claims resulting from any action (or inaction) taken (not taken) by TJM during or as a result of TJM's investigation into inappropriate or illegal behavior and/or from any actions taken as a consequence of investigations by either TJM or law enforcement related to your use of the Site.

Additional User Content Issues

Any User Content you post is provided on a non-proprietary and non-confidential basis.  You agree that TJM has a royalty-free, perpetual, sub-licensable, transferrable, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display any User Content for any purpose related to operating and/or marketing the Site.

While TJM reserves the right to monitor and/or edit or delete User Content, TJM is not responsible for User Content.  TJM has no duty to monitor and/or edit User Content.  You agree that you will not post any User Content that would infringe or violate the legal rights of another party, including but not limited to, intellectual property, privacy, publicity, or contract.  You shall be solely responsible for any liability, damages, royalties, or fees resulting from any infringement of rights or any other harm resulting from any User Content you post.

If a third party posts User Content that infringes or violates your legal rights, you agree to release TJM, including its officers, owners, directors, employees, affiliates, agents, licensors, representatives, attorneys, and business partners, from all legal claims, damages, and/or lost profits, whether known or unknown, relating to the third party's postings.

TJM reserves the right to comply and cooperate with legal requirements, legal authorities, and/or law enforcement agencies regarding an investigation of your User Content or any other interaction you have had with the Site.  You waive and hold harmless TJM from any legal claims resulting from any action taken by TJM, including disclosure of information about you, done as a part of TJM's cooperation with law enforcement.

Password Accounts

You have the option to set up an account for purchasing items from the Site's online store.

You are responsible for maintaining the confidentiality of your account access information, and agree to notify TJM if your access information is stolen or disclosed to an unauthorized party.  You are responsible for all activities that occur under your Site account.

Disclaimer of Warranties

TJM uses reasonable efforts to include accurate and up-to-date information on the Site.

TJM MAKES NO WARRANTIES OR REPRESENTATIONS AS TO THE SITE'S ACCURACY.  TJM ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE SITE.  TJM DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT OF THE SITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS, UNINTERRUPTED, TIMELY, OR SECURE.

YOUR USE OF THE SITE IS AT YOUR OWN RISK.

TJM MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE SITE.  TJM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND (EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE), INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.  THE DISCLAIMER OF WARRANTIES APPLIES TO THE SITE, ITS CONTENT AND ANY GOODS OR SERVICES OFFERED THROUGH THE SITE.

THE SITE, INCLUDING ANY GOODS, SERVICES OR INFORMATION PROVIDED THROUGH THE SITE, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

YOU ASSUME THE ENTIRE COST OF ALL NECESSARY REPAIR IN THE EVENT YOU EXPERIENCE ANY LOSS OR DAMAGE ARISING FROM THE USE OF THE SITE.

TJM MAKES NO WARRANTIES THAT YOUR USE OF THE SITE WILL NOT INFRINGE THE RIGHTS OF OTHER PARTIES AND ASSUMES NO LIABILITY FOR SUCH INFRINGEMENT.

Limitation of Liability

IN NO EVENT WILL TJM, OR ITS OFFICERS, OWNERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, LICENSORS, REPRESENTATIVES, ATTORNEYS, AND BUSINESS PARTNERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, ACTUAL, OR OTHER INDIRECT DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES EVEN IF TJM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF: (1) YOUR USE OR INABILITY TO USE THE SITE; (2) ANY CLAIM BY YOU ATTRIBUTABLE TO ERRORS, OMISSIONS, OR INACCURACIES IN THE SITE; OR (3) ANY OTHER MATTERS OR CLAIMS YOU MAY RAISE RELATING TO THE SITE, EVEN IF TJM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIMS OR RESULTING DAMAGES.

In no event will the collective liability of TJM or its officers, OWNERS, directors, employees, affiliates, agents, licensors, representatives, attorneys, and business partners to any party, regardless of the type of action whether in contract, tort, or otherwise, exceed the greater of $100.00 or the amount you have paid to TJM for the applicable good or service out of which the liability arose.

IF YOU ARE DISSATISFIED WITH ANY PART OF THE SITE, OR DO NOT AGREE TO THE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

GIVEN THAT SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.  IF THAT IS THE CASE, TJM'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT ALLOWED UNDER APPLICABLE LAW.

Any communication or material you transmit to the Site by email or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, non‑confidential and non-proprietary information.

Third Party Links

TJM has not reviewed all of the third party links and linked sites on the Site and is not responsible for the content of any linked sites. Your linking to any other linked site is done at your own risk.  TJM's display of third party links is not meant to imply any endorsement or sponsorship of such linked sites

Privacy Policy

Your use of the Site is also governed by the Site's Privacy Policy found at store.thejourneyradioministry.com/t-TJRM_PrivacyPolicy.aspx.  The Site's Privacy Policy is incorporated by reference into the Terms.

Indemnity

You agree to indemnify, defend and hold harmless TJM, including its officers, owners, directors, employees, affiliates, agents, licensors, representatives, attorneys, and business partners ("Indemnified Parties"), from and against any and all claims, demands, losses, costs, damages, liabilities, judgments, awards, and expenses (including attorneys' fees, costs of defense, and direct, indirect, punitive, special, individual, consequential, or exemplary damages) TJM or any of the Indemnified Parties suffer in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that relates to your use of the Site, your breach of the Terms, and/or the use of the Site by any person using your account access information.  Your indemnification obligation shall survive the termination of the Terms.

Miscellaneous Provisions

Any disputes relating to the Terms or the Site are governed by, and will be interpreted in accordance with, the laws of Pennsylvania, without regard to any conflict of laws provisions.  You hereby irrevocably and unconditionally consent to submit to the exclusive jurisdiction of the courts of Pennsylvania (USA) for any litigation arising out of or relating to the use of the Site, waive any objection to the venue of any such litigation in Pennsylvania courts, and agree not to plead or claim in any Pennsylvania court that such litigation brought therein has been brought in an inconvenient forum.

If any part of the Terms is determined by a court of competent jurisdiction to be invalid or unenforceable, it will not impact any other provision of the Terms, all of which will remain in full force and effect.

If you violate any portion of the Terms, TJM reserves the right, without an obligation to do so, to deny you access to the Site.

TJM's failure to enforce any portion of the Terms is not a waiver of such portion.

The proprietary rights, disclaimer of warranties, representations made by you, indemnities, and limitations of liability shall survive the termination of the Terms.

You are not permitted to frame any of the content on the Site without TJM's written consent.

TJM reserves the right without notice and reason to disable the Site.  You agree that TJM is not liable to you or any other third party for this action.

TJM does not assume any liability or responsibility for your use of the Internet or the Site including, but not limited to, any change your computer or related systems may sustain as a result of accessing the Site.

If you need to contact TJM for any reason not already specified in the Terms, please use the following contact information:

Name: Brenda Tenison

Email: btenison@biblechapel.org

Telephone: 724-731-2002

Mailing Address: 300 Gallery Drive, McMurray, PA  15317