By continuing to use Vital Sermons, or by submitting content for publication on Vital Sermons, you agree to abide, and that you are bound, by these Terms and Conditions. We reserve the right to change these Terms and Conditions at any time, and you agree (including by your continued use of our site) to be bound by any such changes. Unless explicitly stated otherwise, any new features or functionality (including, without limitation, video, audio and related projects) that augment or enhance our site shall be subject to these Terms and Conditions. The most current version of these Terms and Conditions can be viewed at any time at: vitalsermons.com

 

  1. We May Discontinue or Suspend Our Site or Terminate Your Use: We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently our site (or any part thereof) with or without notice. You agree that Vital Sermons shall not be liable to you or any third party for any such modification, suspension or discontinuance of our site. In addition, we reserve the right to terminate your access to our site for any reason, and to take any other actions that Vital Sermons, in its sole and unfettered discretion, believes to be in the interest of our company and of our users as a whole.

 

  1. We Have All Rights in Our Site and Content; You Grant Us Certain Rights When You Submit Content to Us:

 

  • Our site (including all text, photographs, graphics, video and audio content contained on our site) is protected by copyright as a collective work or compilation under the copyright laws of the United States and other countries, and we (subject to the rights of our licensors and licensees under applicable agreements, understandings and arrangements) have all rights therein. All individual sermons or other content (whether text, video or audio) are also copyrighted works, and you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any sermon or other content that you post on or in connection with Vital Sermons, and we (subject to the rights of our licensors and licensees under applicable agreements, understandings and arrangements) have all rights therein. You must abide by all additional copyright notices or restrictions contained on our site.

 

  • By posting or submitting content on or to our site (regardless of the form or medium with respect to such content, whether text, videos, photographs, audio or otherwise), you are giving us, and our affiliates, agents and third-party contractors the right to display or publish such content on our site and its affiliated publications (either in the form submitted or in the form of a derivative or adapted work), to store such content, and to distribute such content and use such content for promotional and marketing purposes. Without limiting the generality of the foregoing, with respect to any video submissions to us made by you from time to time, you understand and agree that (unless you and we agree otherwise) we may, or may permit users to, based solely on functionality provided and enabled by our website, compile, re-edit, adapt or modify your video submission, or create derivative works therefrom, either on a stand-alone basis or in combination with other video submissions, and (unless you and we agree otherwise) you shall have no rights with respect thereto and we or our licensees shall be free to display and publish the same (as so compiled, re-edited, adapted, modified or derived) for any period.

 

  • You shall be solely responsible for your own submissions and the consequences of posting or publishing them. In connection with each of your submissions, you affirm, represent, and warrant that: (i) you own or have the necessary licenses, rights, consents and permissions to use and authorize us to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all such submissions to enable inclusion and use of such submissions in the manner contemplated by us and these Terms and Conditions; and (ii) you have the written consent, release and/or permission of each and every identifiable individual person in such submissions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of such submissions in the manner contemplated by us and these Terms and Conditions. You agree that you will not: (I) submit material that is copyrighted, protected by trade secret or otherwise subject to third-party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant us all of the rights granted herein; (II) publish falsehoods or misrepresentations that could damage us or any third party; (III) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; or (IV) post advertisements or solicitations of business. We reserve the right to remove or not publish submissions without prior notice. You understand that when you submit content in any form to Vital Sermons we may authorize such content to be distributed or syndicated to or published on other Vital Sermons-branded environments.

 

  1. You Have Rights if You Believe Your Copyright Is Being Infringed: If you are a copyright owner or agent thereof and believe that any of our content infringes upon your copyright, please contact us at copyright@vitalsermons.com.

 

  1. Your Use of Our Content Is Restricted:

 

  • Unless expressly permitted, you may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works from, transmit or in any way exploit any part of our site or any content thereon, except as permitted under the last sentence of this paragraph and except that you may post links to, embed or otherwise distribute any materials on this site containing content that you submitted. Just as we from time to time excerpt materials from other sources in order to support the various commentaries and writings contained herein, we respect the right of others to make “fair use” of the materials contained on our site; accordingly, you may from time to time excerpt and use materials set forth on this site consistent with the principles of “fair use.”

 

  • We are concerned about the integrity of our site when it is viewed in a setting created by a third party that includes advertising or other materials that we have not authorized to be displayed with the content of our site. Neither you nor any third party shall make use of the contents of our site in any manner that constitutes an infringement of our rights, including copyright or that has not been authorized by us.

 

  1. We Are Not Responsible For and Do Not Necessarily Hold the Opinions Expressed by Our Content Contributors: Opinions and other statements expressed by users and third parties (e.g., sermon contributors) are theirs alone, not opinions of Vital Sermons. Content created by third parties is the sole responsibility of the third parties and its accuracy and completeness are not endorsed or guaranteed. You acknowledge that by providing you with the ability to view and distribute content through our site, Vital Sermons is not undertaking any obligation or liability relating to the content. Vital Sermons and its affiliates, successors, assigns, employees, agents, directors, officers and shareholders do not undertake or assume any duty to monitor our site for inappropriate or unlawful content. Vital Sermons and its affiliates, successors, assigns, employees, agents, directors, officers and shareholders assume no responsibility or liability which may arise from the content thereof, including, but not limited to, claims for defamation, libel, slander, infringement, invasion of privacy and publicity rights, obscenity, pornography, profanity, fraud, or misrepresentation. Notwithstanding the foregoing, Vital Sermons reserves the right to block or remove communications, postings or materials at any time in our sole discretion.

 

  1. Indemnification: You agree to defend, indemnify and hold harmless Vital Sermons and its affiliates, and their respective members, directors, officers, managers, employees, shareholders, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation by you of these Terms and Conditions, any breach by you of your representations and warranties hereunder, or any content or materials that you submit to us. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this Section 6. In such event, you shall provide us with such cooperation as is reasonably requested by us.

 

  1. Special Provisions Applicable to Users Outside the United States: We strive to create a global site with consistent standards for everyone, but we also strive to respect local laws. The following provisions apply to users and non-users who interact with Vital Sermons outside the United States. You consent to having your personal data transferred to and processed in the United States. If you are located in a country embargoed by the United States, or are on the U.S. Treasury Department’s list of Specially Designated Nationals you will not engage in commercial activities in your submitted content (such as advertising). You will not use Vital Speeches if you are prohibited from receiving products, services or software originating from the United States.

 

  1. Safety: We do our best to make Vital Sermons safe for use, but we cannot guarantee it. We need your help, which includes the following commitments:
  • You will not engage in unlawful multilevel marketing, such as a pyramid scheme in your sermons.
  • You will not upload viruses or other malicious code.
  • You will not solicit login information or access an account belonging to someone else.
  • You will not post content that is hate speech, threatening or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
  • You will not use Vital Sermons to do anything unlawful, misleading, malicious or discriminatory.
  • You will not do anything that could disable, overburden or impair the proper working or appearance of Vital Sermons, such as a denial of service attack or interference with page rendering or other Vital Sermons functionality.
  • You will not facilitate or encourage any violations of these Terms and Conditions.
  1. Your Use of Our Site Is Subject to Certain Disclaimers: OUR SITE IS AVAILABLE “AS IS.” WE DO NOT WARRANT THAT OUR SITE WILL BE UNINTERRUPTED OR ERROR-FREE. THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS AND INACCURACIES IN THE INFORMATION OR OTHER MATERIALS AVAILABLE THROUGH OUR SITE. WE DO NOT MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO OUR SITE OR ANY INFORMATION THAT ARE AVAILABLE OR ADVERTISED OR SOLD THROUGH OUR SITE. WE DO NOT MAKE ANY REPRESENTATIONS, NOR DO WE ENDORSE THE ACCURACY, COMPLETENESS, TIMELINESS OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER MATERIAL ON THIS SITE. WE RESERVE THE RIGHT TO CORRECT ANY ERRORS OR OMISSIONS ON OUR SITE. ALTHOUGH WE INTEND TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES, WORMS, “TROJAN HORSES” OR OTHER DESTRUCTIVE MATERIALS TO OUR SITE, WE DO NOT GUARANTEE OR WARRANT THAT OUR SITE OR MATERIALS THAT MAY BE DOWNLOADED FROM OUR SITE DO NOT CONTAIN SUCH DESTRUCTIVE FEATURES. WE ARE NOT LIABLE FOR ANY DAMAGES OR HARM ATTRIBUTABLE TO SUCH FEATURES. IF YOU RELY ON OUR SITE AND ANY MATERIALS AVAILABLE THROUGH OUR SITE, YOU DO SO SOLELY AT YOUR OWN RISK. OUR SITE MAY CONTAIN VARIOUS COMBINATIONS OF TEXT, IMAGES, AUDIOVISUAL PRODUCTIONS, OPINIONS, STATEMENTS, FACTS, ARTICLES, MARKET DATA, STOCK QUOTES OR OTHER INFORMATION CREATED BY US OR BY THIRD PARTIES. DUE TO THE NUMBER OF SOURCES FROM WHICH CONTENT ON OUR SITE IS OBTAINED, AND THE INHERENT HAZARDS OF ELECTRONIC DISTRIBUTION, THERE MAY BE DELAYS, OMISSIONS OR INACCURACIES IN SUCH CONTENT. INFORMATION CREATED BY THIRD PARTIES THAT YOU MAY ACCESS ON OUR SITE OR THROUGH LINKS IS NOT ADOPTED OR ENDORSED BY US AND REMAINS THE RESPONSIBILITY OF SUCH THIRD PARTIES.

 

  1. We May Be Legally Compelled to Disclose Certain Information: You agree that in the event we receive a subpoena issued by a court or from a law enforcement or government agency, we shall comply with such subpoenas without your consent or prior notice to you and may disclose your IP address, username, name, IP location or other information in response thereto.

 

  1. Our Liability to You Is Limited: Vital Sermons and its affiliates, and their respective members, directors, officers, managers, employees, shareholders, agents and licensors, are not liable for incidental, indirect, consequential, special, punitive or exemplary damages of any kind, including, without limitation, lost revenues or profits, loss of business or loss of data, in any way related to this site or for any claim, loss or injury based on errors, omissions, interruptions or other inaccuracies in our site (including, without limitation, as a result of breach of any warranty or other term of these Terms and Conditions). Any claim against us shall be limited to the amount you paid, if any, for use of our site.

 

  1. Any Dispute Between Us Will be Governed by Illinois Law: These Terms and Conditions shall be governed by the laws of the United States and the State of Illinois applicable to agreements made and to be performed therein without regard to conflict of laws principles. BY CONTINUING TO USE OUR SITE, YOU AGREE TO ABIDE BY THESE TERMS AND CONDITIONS. The captions to each Section of these Terms and Conditions are for convenience of reference only and shall be ignored in the construction or interpretation hereof. You will resolve any claim, cause of action or dispute (claim) you have with us arising out of or relating to these Terms and Conditions exclusively in the U.S. District Court for the Northern District of Illinois or a state court located in Cook County, Illinois, and you agree to submit to the personal jurisdiction of such courts for the purpose of litigating all such claims.

 

  1. Other terms:

 

  1. These Terms and Conditions make up the entire agreement between the parties regarding Vital Sermons, and supersedes any prior agreements.
  2. If any portion of these Terms and Conditions is found to be unenforceable, the remaining portion will remain in full force and effect.
  3. If we fail to enforce any of these Terms and Conditions, it will not be considered a waiver.
  4. Any amendment to or waiver of these Terms and Conditions must be made in writing and signed by us.
  5. You will not transfer any of your rights or obligations under these Terms and Conditions to anyone else without our consent.
  6. All of our rights and obligations under these Terms and Conditions are freely assignable by us in connection with a merger, acquisition or sale of assets, or by operation of law or otherwise.
  7. Nothing in these Terms and Conditions shall prevent us from complying with the law.
  8. These Terms and Conditions do not confer any third-party beneficiary rights.
  9. We reserve all rights not expressly granted to you.
  10. You will comply with all applicable laws when using or accessing Vital Sermons.