Thank you for considering the license for Group Publishing's Content downloads, including but not limited to electronic books, written works, music recordings, audio recordings, video recordings, artwork, and photographs (individually or collectively referred to as the "Content").
Because we want to make your shopping experience as simple and as safe as possible, you are required to enter into a customer license with Group Publishing, Inc. which explains the policies we promise to observe and the usage rules we require you to observe while using our services and Content.
These Group Content Download Terms of Service are a legal agreement ("the Agreement") between you and Group Publishing, Inc. ("Group Publishing") stating the terms that govern your use of the Content. Please read the entire Agreement carefully. You must accept and abide by the terms of the Agreement as presented in order to use the service and Content.
BY CLICKING DOWNLOADING CONTENT, YOU EXPRESSLY AGREE AND CONSENT TO BE BOUND BY ALL TERMS AND CONDITIONS OF THIS AGREEMENT AND THE TERMS AND CONDITIONS OF GROUP PUBLISHING'S PRIVACY POLICY, WHICH ARE PUBLISHED AT HTTP://WWW.GROUP.COM/PRIVACY08.ASP AND WHICH ARE INCORPORATED HEREIN BY REFERENCE WITHIN THE SCOPE OF THIS PROGRAM. IF YOU ARE UNDER THE AGE OF 18, OR DO NOT AGREE TO ANY OF THESE TERMS, DO NOT DOWNLOAD CONTENT UNLESS YOU HAVE YOUR PARENT'S OR GUARDIAN'S CONSENT.
"Content" means the copyrighted material available for license and download from Group Publishing's website(s) including but not limited to all of the contents of the files, disk(s), CD-ROM(s), or other media with which this Agreement is provided, and related explanatory written materials or files ("Documentation").
"Use" or "Using" means to access, install, download, read, copy, print, or otherwise benefit from using the Content.
The Content and trademarks of the Content are owned by or licensed to Group Publishing, subject to copyright and other intellectual property laws. The Group Publishing Content is provided to you AS IS for your personal use within the scope of this program and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise used for any other purposes without the prior written consent of Group Publishing. If you download or print a copy of any Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable, or otherwise interfere with security-related features of the Content or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Content.
a. You acknowledge that your use of the Content may require the use of other hardware and software products and that such hardware and software is your responsibility. Once Content is purchased and you successfully download the Content, it is your responsibility not to lose, destroy, or damage the Content, and Group Publishing shall be without liability to you in the event of any loss, destruction, or damage.
b. You acknowledge that the Content may contain security technology that limits your usage of Content to the Usage Rules contained in this Agreement, and, whether or not the Content is limited by security technology, you agree to use the Content in compliance with the Usage Rules.
a. Your use of the Content is conditioned upon your prior acceptance of the terms of this Agreement.
b. You are entitled to download, export, burn, or copy Content solely for non-commercial personal or ministry use in accordance with the terms of this Agreement. Any burning or exporting capabilities are solely an accommodation to you and shall not constitute a grant or waiver of any rights of the copyright owners in any of the Content. No right, title, or interest in any downloaded Content is transferred to you as a result of any downloading or copying or otherwise. All rights in the Content are owned by Group Publishing or its licensors and you only have the right to use the Content for personal/ministry use in accordance with the terms of this Agreement.
c. You may not reproduce (except as set forth in this Agreement), copy, print, publish, transmit, distribute, display, broadcast, re-broadcast, publicly perform, rent or lend, change, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, directly or indirectly, any of the Content.
d. You may not reverse engineer, decompile, disassemble, modify, or disable any copy protection or use limitation systems associated with the Content.
e. You may not download and then re-digitize any Content, or upload the Content to the Internet. You may not use the Content in conjunction with any other third-party content.
f. You may not sell or offer to sell the Content, including but not limited to, posting any Content for auction, on any Internet auction site. All Content is licensed to you and not sold, notwithstanding the use of the terms "sell", "purchase", "order", or "buy" on the Group Publishing website(s) or in this Agreement.
g. For Music Recording Content: You may download music to a single computer. You may then transfer music files or backup music files to up to five (5) additional personal computers or portable devices. You shall be entitled to burn music Content solely for non-commercial personal or ministry use up to five (5) times.
h. For Non-Music Recording Content: You may download Content to a single computer. You shall be entitled to print and burn Content solely for non-commercial personal or ministry only one (1) time, except for any Content that specifically states that the Content may be reproduced as needed for use within the church for use within the scope of this program.
The Content may contain links that allow you to access third party websites ("Third-Party Sites"). Your access to and use of any Third-Party Sites, including any goods, services, or information made available from such sites, is governed by the terms and conditions found at each Third Party Site, if any. You acknowledge and agree that Group Publishing is not responsible for examining or evaluating the content or accuracy of any such third-party material or Third-Party Sites. Group Publishing does not have any liability or responsibility for any third-party materials or Third-Party Sites, or for any other materials, products, or services of third parties. Links to Third-Party Sites are provided solely as a convenience to you. If you decide to link to any Third-Party Sites, you do so entirely at your own risk.
a. All sales are final and all charges from those sales are nonrefundable once Content has been delivered, except as otherwise set forth in the purchase terms relating to specific Content. On occasion, technical problems may delay or prevent delivery of your Content. Your exclusive and sole remedy with respect to Content that is not delivered within a reasonable period will be either replacement of such Content, or refund of the price paid for such Content, as determined by Group Publishing.
b. You agree to pay for all Content you purchase for download, and that Group Publishing may charge your chosen payment method for any Content purchased and for any additional amounts (including any taxes and late fees, as applicable) as may be accrued by or in connection with your account. You are responsible for providing Group Publishing with a valid credit card or account details for payment of all fees. All fees will be billed to the credit card or the account you designate during the purchasing process.
c. Prices and availability of any Content are subject to change at any time.
d. Your use of the Group Publishing's electronic purchasing service includes the ability to enter into agreements and/or to make transactions electronically.
YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND TRANSACTIONS.
e. In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, GROUP PUBLISHING AND ALL OFFICERS, DIRECTORS, OWNERS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS, AFFILIATES, LICENSORS, AND LICENSEES (ALL OF THE FOREGOING, COLLECTIVELY, THE "GROUP PARTIES") SHALL IN NO EVENT BE LIABLE FOR ANY CLAIMS, CHARGES, DEMANDS, DAMAGES, LIABILITIES, LOSSES, OR EXPENSES OF WHATEVER NATURE AND HOWSOEVER ARISING, INCLUDING WITHOUT LIMITATION ANY COMPENSATORY, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, LOSS OF USE, LOSS OF DATA, LOSS CAUSED BY A COMPUTER OR ELECTRONIC VIRUS, LOSS OF INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, INTERRUPTION OF SERVICE, CLAIMS OF THIRD PARTIES, OR OTHER LOSSES OF ANY KIND OR CHARACTER, EVEN IF GROUP PUBLISHING OR THE GROUP PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS WEBSITE OR ANY WEBSITE WITH WHICH IT IS LINKED.
BY USING THE SERVICE AND CONTENT, YOU AGREE TO INDEMNIFY AND HOLD GROUP PARTIES HARMLESS WITH RESPECT TO ANY CLAIMS ARISING OUT OF YOUR BREACH OF THIS AGREEMENT, YOUR USE OF THE SERVICE AND CONTENT, OR ANY ACTION TAKEN BY GROUP AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF ITS FINDING OR DECISION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS MEANS THAT YOU CANNOT SUE OR RECOVER ANY DAMAGES FROM GROUP PARTIES AS A RESULT OF ITS DECISION TO REMOVE OR REFUSE TO PROCESS ANY INFORMATION OR CONTENT, TO WARN YOU, TO SUSPEND OR TERMINATE YOUR ACCESS TO THE SERVICE AND/OR CONTENT, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF GROUP PUBLISHING'S CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS WAIVER AND INDEMNITY PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THIS AGREEMENT.
a. If you fail, or Group Publishing suspects that you have failed, to comply with any of the provisions of this Agreement, including but not limited to failure to make payment of fees due, failure to provide Group Publishing with a valid credit card or with accurate and complete registration data, failure to safeguard your account information, or violation of the Usage Rules, Group Publishing, at its sole discretion, without notice to you may: (i) terminate this Agreement and/or your account, and you will remain liable for all amounts due under your account up to and including the date of termination; and/or (iii) preclude access to the Group Publishing's service and Content (or any part thereof).
b. Group Publishing reserves the right to modify, suspend, or discontinue its service (or any part or Content thereof) at any time with or without notice to you, and Group Publishing will not be liable to you or to any third party should it exercise such rights.
You agree that Group Publishing's service shall be deemed solely based in Colorado and that Group Publishing's website(s) shall be deemed a passive website that does not give rise to personal jurisdiction over Group Publishing, either specific or general, in jurisdictions other than in Colorado. This Agreement shall be interpreted according to the internal substantive laws of the State of Colorado, without respect to its conflict of laws and principles. Venue for any lawsuit arising out of this Agreement shall be Larimer County, Colorado. This Agreement, together with the Privacy Policy published at http://www.group.com/privacy08.asp and any other legal notices published by Group Publishing on this website, shall constitute the entire agreement between you and Group Publishing concerning this website. If any provision of this Agreement shall be held illegal, unenforceable, or in conflict with any United States law of a federal, state, or local government having jurisdiction over this Agreement, the validity of the remaining portions or provisions hereof shall not be affected thereby. No waiver of any breach of, or default under, any provision of this Agreement shall be deemed a waiver of such provision, or of any subsequent breach or default. Group Publishing reserves the right to amend the Terms of Service at any time and without notice, and it is your responsibility to review the Terms of Service for any changes. Your use of Groups Publishing's website(s) following any amendment of the Terms of Service will signify your assent to and acceptance of its revised terms. You and Group Publishing agree that any cause of action arising out of or related to this website must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
By purchasing this download, you represent that you have read these Terms of Service in its entirety, understand its terms and conditions, are duly authorized to execute this Agreement on behalf of yourself, and you agree to be bound by the terms and conditions of these Terms of Service.
10/01/2012 version