Terms & Conditions
Last Modified: February 21, 2017
Outside the Walls Ministry, Inc. and its subsidiaries, affiliates and DBAs (“Outside the Walls”, “Revival Outside the Walls”, “ROTW”, “Outside the Walls Ministry”, “Ignite America”, or “we”, “us”, or “our”, as applicable) provide the website www.igniteamerica.com (the “Website”) and various faith-based resources, content, media, and information (the “Services”). In this “Terms & Conditions” document, your “use of the Website” or similar language means your accessing, visiting or browsing the Website, sending or receiving email or other electronic communications to or from us, and other similar events or services offered in connection with the igniteamerica.com domain.
Before using the Website, you must review and agree to the Terms & Conditions. If you do not accept these Terms & Conditions, you may not use the Website.
1. Amendment to Terms & Conditions. We reserve the right to amend or replace these Terms & Conditions from time to time in our sole discretion, and will post and maintain the most recent version of these Terms & Conditions on the Website. We may not notify Website users or other visitors of any such amendments by e-mail or other personal contact. You are responsible for reviewing these Terms & Conditions upon each visit to the Website. You can determine if the Terms & Conditions have been revised since your last visit by referring to the “Last Modified” date at the top of this page. By continuing to use the Website, you agree to abide and be bound by any amended Terms & Conditions.
2. Limited Right to Use the Website; User Representations. The Website and its entire contents, features and functionality (including but not limited to all information, software, text, compositions, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by us, our affiliates, our licensors, or other providers of such material and are protected by United States and international copyright, trademark, and/or other intellectual property or proprietary rights laws. These Terms & Conditions permit you to use the Website for your personal, non-commercial use only, unless you are a broadcaster or radio station partner who has entered into an Ignite America Radio Collaboration Agreement.
You represent and warrant that (a) your use of the Website is legal in, and does not violate any laws, rules or regulations of, the jurisdiction(s) in which you reside or from which you use or otherwise access the Website; (b) any information you provide to us is correct; (c) you have the legal right and ability to enter into these Terms & Conditions and to use the Website in accordance with these Terms & Conditions; and (d) your use of the Website shall be in accordance with these Terms & Conditions and all applicable laws, rules or regulations.
3. Copyrights, Trademarks and Service Marks. Unless otherwise noted, all content and other materials on the Website are protected as the copyrights, trade dress, trademarks and/or other intellectual property rights owned by Outside the Walls or by affiliates or other parties that have licensed their material to Outside the Walls, or otherwise is retained by other parties as the owners of the faith-based testimonials, resources, content and information on this Website. The content of the Website is copyrighted and any unauthorized use of the Website may violate copyright, trademark, and other laws, in addition to being a material breach of these Terms & Conditions.
Our name, logo, and all related names, logos, product and service names, designs and slogans are trademarks of us, our affiliates or licensors, or otherwise of the respective owners of the resources, content and information on this Website. In particular, there are a number of proprietary logos, service marks, trademarks, slogans and product designations of Outside the Walls (“Marks”) found on the Website. By making these Marks available on the Website, Outside the Walls is not granting you a license to use them in any fashion. In addition, there are various brand names of partner radio stations and broadcasters listed on the “Broadcaster” webpage that may contain other taglines, marks and intellectual property. Access to the Website does not confer upon you any license under any of Outside the Walls’ or any third party’s marks or other intellectual property rights, other than as expressly permitted under these Terms & Conditions, or in the case of any broadcasters, under the “Ignite America Radio Collaboration Agreement” entered into between such broadcasters and Outside the Walls.
The following Marks and other marks (not listed here) are used in connection with the Website, and are the proprietary trademarks of Outside the Walls:
REVIVAL OUTSIDE THE WALLSTM
OUTSIDE THE WALLS®
Other than nominative or fair uses, Outside the Walls’ Marks may be used publicly only with prior written permission from Outside the Walls, or pursuant to an executed Ignite America Radio Collaboration Agreement. Fair use of Outside the Walls’ trademarks in advertising and promotion of Outside the Walls products requires proper acknowledgment. No Outside the Walls Marks may be used as a hyperlink without Outside the Walls’ prior written permission. Other trademarks that may appear in connection with the resources, content and information provided on the Website may be owned by third-parties, and should only be used with the permission of the third-parties, unless such use qualifies as Fair Use or is otherwise permitted under applicable laws.
The various marks used in connection with the Services represent some of the marks currently owned or controlled by Outside the Walls or under license to Outside the Walls. The display of these marks and of notices associated with these marks is not intended to be a comprehensive compilation of all Outside the Walls worldwide proprietary ownership rights, and Outside the Walls may own or control other proprietary rights in one or more countries outside of the United States.
4. Information Posted by Visitors. Visitors to the Website may post messages, testimonials, photos, images, videos, and other data. You represent, warrant and covenant that: (a) you are at least thirteen (13) years old; (b) you will not upload, post or transmit to or distribute or otherwise publish through the Website any information or materials which (i) in any way violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries); (ii) restrict or inhibit any other user from using and enjoying the Website; (iii) are unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent; (iv) harm minors in any way; (v) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate law; (vi) violate, plagiarize, misappropriate or infringe the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right; (vii) contain a virus or other harmful component; (viii) contain any information, software or other material of a commercial nature or constitute an unauthorized disclosure of trade secret information; (ix) contain advertising of any kind; or (x) constitute or contain false or misleading indications of origin or statements of fact; and (c) that you will not use the Website to (i) impersonate or attempt to impersonate Outside the Walls, an Outside the Walls employee, another person, user, or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing); (ii) forge headers or otherwise manipulate identifiers in order to disguise the origin of any information or materials transmitted through the Website; (iii) upload, post, email or otherwise transmit any information or materials that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, information or trade secrets owned by others, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (iv) upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, except in those areas that are designated for such purpose; (v) stalk or otherwise harass another; or (vi) collect or store personal data about other users. Additionally, you agree not to use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
You also agree not to post any information, commentary or materials, or otherwise use the Website in any manner that supports or opposes a candidate for public office or is aimed at influencing legislation.
5. Links To Third Party Web Websites. The Website may provide links to other third party websites or resources, including our broadcaster partners and their various radio stations. You acknowledge that such links and the related information and material linked or posted on the Website is provided by third parties (“Third Party Content”). Third Party Content is the sole responsibility of the third party provider. All rights in and to the Third Party Content reside with the respective third parties, and you agree that Third Party Content is subject to the same restrictions that apply to the Website. Outside the Walls disclaims all responsibility for Third Party Content and merely provides Third Party Content on the Website as information as a convenience to you. More specifically, Outside the Walls does not represent, support or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed or distributed through the Website by third parties. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk. If you decide to access any of the third party sites linked to the Website, you acknowledge and agree that Outside the Walls is not responsible for the availability of such external sites or resources and is not responsible or liable for any content, advertising, products, services or other materials on or available from such sites or resources. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, Trojan horses and other items of a destructive nature, and you do so entirely at your own risk. Outside the Walls reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the Website. BY ITS NATURE, THIRD PARTY CONTENT MAY BE INACCURATE, DECEPTIVE, OFFENSIVE, HARMFUL OR OTHERWISE INAPPROPRIATE. YOU AGREE TO EXERCISE COMMON SENSE, CAUTION AND PROPER JUDGMENT WHEN VIEWING, USING OR OTHERWISE RELYING UPON THIRD PARTY CONTENT. This paragraph shall survive the expiration or termination of this Agreement.
6. No Representations or Warranties. We make no representation or warranty of any kind with respect to the Website, or any other resources, content, information and materials contained on or accessible through the Website. Your use of the Website is at your own and sole risk. We assume no responsibility for errors or omissions in the resources, content, information and materials of the Website, and make no commitment to update such resources, content, information and materials. Your sole and exclusive remedy for issues relating to the use of, or the resources, content, information and materials on or accessible through, the Website shall be to discontinue accessing the Website and using the content so obtained.
7. Accessing the Website. We reserve the right to withdraw or amend the Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. If you wish to receive emails notifying you when new content is available from Ignite America, you can sign up to receive such emails, as well as emails from partnering radio stations.
8. Broadcasters. In addition to the access to resources, content, information and materials on the Website, broadcasters, radio stations and partners may also have access by entering into an Ignite America Radio Collaboration Agreement. Additional information on this Collaboration Agreement can be obtained by accessing the “Learn More” link on the “Broadcasters” webpage of the Website. The Collaboration Agreement provides for expanded use and access of the resources, content, information and materials of IGNITE AMERICA for radio stations and broadcasters to further share and disseminate in connection with their broadcasting services and promotional materials.
9. Indemnification. You will indemnify, defend, and hold us, our affiliates, officers, directors, employees, consultants, agents, representatives, successors, and assigns harmless from and against any and all claims, damages, losses, liabilities, costs and expenses (including without limitation reasonable attorneys’ fees and court costs) (collectively, “Losses”) that constitute, or arise out of or in connection with your (a) failure to comply with any of these Terms & Conditions or (b) misuse of the Website. These defense and indemnification obligations will survive these Terms & Conditions and your misuse of the Website. We have no obligation whatsoever to indemnify, defend, or hold you harmless from any Losses resulting from, relating to, or arising out of, these Terms & Conditions or the Website.
10. Release, Disclaimer and Limitation of Liability. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, YOU HEREBY WAIVE, DISCLAIM, AND RELEASE US, OUR SUBSIDIARIES AND AFFILIATES, AND THE RESPECTIVE SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, COUNSEL, INSURERS, REPRESENTATIVES, AGENTS, SUCCESSORS, AND ASSIGNS OF EACH OF THE FOREGOING FROM ALL CLAIMS OF ANY KIND (SPECIFICALLY INCLUDING, WITHOUT LIMITATION, ANY AND ALL CLAIMS FOR ACTUAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, MULTIPLE OR EXEMPLARY DAMAGES, ATTORNEYS’ FEES AND COSTS, OR CLAIMS FOR INTEREST, EVEN IF WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF ANY REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE) THAT CONSTITUTE, RELATE TO, OR ARISE OUT OF OR IN CONNECTION WITH, DIRECTLY OR INDIRECTLY, YOUR ACCESS TO AND/OR USE OF (OR INABILITY TO ACCESS OR USE) THE WEBSITE, OR (II) THE USE OF ANY INFORMATION OR MATERIAL CONTAINED ON OR ACCESSED THROUGH THE WEBSITE. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE WEBSITE AND ALL SERVICES OF OUTSIDE THE WALLS ARE PROVIDED TO YOU “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS & CONDITIONS, OUR CUMULATIVE LIABILITY TO YOU FOR ANY CAUSE WHATEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO $100.00 (ONE HUNDRED DOLLARS).
11. Governing Law; Dispute Resolution. These Terms & Conditions shall be governed by, and construed and enforced in accordance with, the laws of the state of California, without regard to conflicts of law principles. The United Nations Convention on Contracts for the International Sale of Goods is expressly disclaimed. Any cause of action by you with respect to the Website (including, but not limited to, these Terms & Conditions) must be instituted within one year after the cause of action arose or be forever waived and barred. You agree that any claim or dispute you may have against us arising out of or related to use of this Website must be resolved exclusively by a state or federal court located in Orange County, California. You agree to submit to the personal jurisdiction of the courts located within Orange County, California for the purpose of litigating all such claims or disputes.
12. Severability. If any part of these Terms & Conditions is declared unlawful, void or for any reason unenforceable by any court in any jurisdiction, then such term will be deemed severable from the remaining terms in such jurisdiction and will not affect the validity and enforceability of such remaining terms. Headings are for reference purposes only and do not limit the scope or extent of such section.
13. DMCA. Outside the Walls respects the intellectual property rights of others, and expects its users to do the same. We will, upon receiving proper notice, act to remove or disable access to any such material as set forth in the Digital Millennium Copyright Act (17 USC § 512) (www.copyright.gov/legislation/dmca.pdf). If you believe that content hosted on the Website infringes your copyright, you should send written notification thereof, in accordance with the provisions of the Digital Millennium Copyright Act, to our Designated Agent, who can be reached as follows:
DMCA Designated Agent
c/o Outside the Walls Ministry
17522 Von Karman Ave
Irvine, CA 92614
14. All Rights Reserved. The Website and related materials are the proprietary property of Outside the Walls or of affiliates or other parties that have licensed their material to Outside the Walls. No right or license in or to any portion of the Website is granted to you except as expressly stated herein.
15. General Provisions. The failure by either party to exercise or enforce any rights or provisions of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service, including any other applicable Terms & Conditions or rules that govern your use of individual services, which are either incorporated herein by specific reference or posted on the Website from time to time, comprises the entire agreement between you and Outside the Walls and supersedes any and all prior agreements regarding the subject hereof. These Terms of Service are binding upon and inures to the benefit of the respective successors and assigns of the parties. These Terms of Service are solely for the benefit of Outside the Walls and you, and shall not be construed for the benefit of any third party.