{"id":36958,"date":"2021-04-26T13:25:58","date_gmt":"2021-04-26T20:25:58","guid":{"rendered":"http:\/\/elsembradorministries.com\/esne\/?page_id=36958"},"modified":"2021-06-29T13:25:54","modified_gmt":"2021-06-29T20:25:54","slug":"terms-of-use","status":"publish","type":"page","link":"https:\/\/elsembradorministries.com\/esne\/privacy-policy\/terms-of-use\/","title":{"rendered":"Terms of Use"},"content":{"rendered":"

Terms of Use<\/span><\/h2>\n
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Last revision: June 2021<\/div>\n
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El \u00a0Sembrador Nueva Evangelizacion Ministries, is pleased to \u00a0provide to you its sites, software, applications, content, products and \u00a0services referred to collectively as ESNE Services, which may be branded \u00a0ESNE, ESNE TV, ESNE Radio or another brand owned or licensed by El \u00a0Sembrador Nueva Evangelizacion Ministries. \u00a0These terms govern your use \u00a0and our provision of the ESNE Services on which these terms are posted, \u00a0as well as ESNE Services we make available on third-<\/span>party sites and platforms if these terms are disclosed to you in connection with your use of the ESNE Services. \u00a0<\/span><\/div>\n
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE ESNE SERVICES.<\/span><\/div>\n
ANY \u00a0DISPUTE BETWEEN YOU AND US MUST BE RESOLVED BY INDIVIDUAL BINDING \u00a0ARBITRATION. \u00a0PLEASE READ THE ARBITRATION PROVISION IN THESE TERMS AS IT \u00a0AFFECTS YOUR RIGHTS UNDER THIS CONTRACT.<\/span><\/div>\n
NOTHING IN THESE TERMS IS \u00a0INTENDED TO AFFECT YOUR RIGHTS UNDER THE LAW IN YOUR USUAL PLACE OF \u00a0RESIDENCE. \u00a0IF THERE IS A CONFLICT BETWEEN THOSE RIGHTS AND THESE TERMS, \u00a0YOUR RIGHTS UNDER APPLICABLE LOCAL LAW WILL PREVAIL.<\/span><\/div>\n
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1. \u00a0\u00a0\u00a0\u00a0\u00a0Contract between You and Us<\/b><\/div>\n
This is a contract between you, a natural person over the age of 13 and El Sembrador Ministries, a California Non-profit \u00a0Religious Corporation located at 20720 Marilla Street Chatsworth, CA \u00a091311, USA, or between you and any different service provider identified \u00a0for a particular ESNE Service.\u00a0<\/span>You must read and agree to these terms \u00a0before using the ESNE Services. If you do not agree, you may not use \u00a0the ESNE Services. These terms describe the limited basis on which the ESNE Services are available and supersede prior agreements or arrangements.<\/span><\/div>\n
Supplemental terms and conditions may apply to some \u00a0ESNE Services, such as rules for a particular competition, service or \u00a0other activity, or terms that may accompany certain content or software \u00a0accessible through the ESNE Services. \u00a0Supplemental terms and conditions \u00a0will be disclosed to you in connection with such competition, service \u00a0or activity. \u00a0Any supplemental terms and conditions are in addition to \u00a0these terms and, in the event of a conflict, prevail over these terms.<\/span><\/div>\n
We \u00a0may amend these terms. \u00a0Any such amendment will be effective thirty \u00a0(30) days following either our dispatch of a notice to you or our \u00a0posting of the amendment on the ESNE Services. \u00a0If you do not agree to \u00a0any change to these terms, you must discontinue using the ESNE Services. \u00a0\u00a0Our customer service representatives are not authorized to modify any \u00a0provision of these terms, either verbally or in writing.<\/span><\/div>\n
We may \u00a0immediately terminate this contract with respect to you (including your \u00a0access to the ESNE Services) if you fail to comply with any provision of \u00a0these terms.<\/span><\/div>\n
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2. \u00a0\u00a0\u00a0\u00a0\u00a0The ESNE Services<\/b><\/div>\n
The ESNE \u00a0Services are for your personal, noncommercial use and are intended for \u00a0informational and entertainment purposes only. \u00a0They do not constitute \u00a0legal, financial, professional, counseling, medical or healthcare advice \u00a0or diagnosis and cannot be used for such purposes. \u00a0To support smooth \u00a0operation of the ESNE Services across wide geographic areas, aspects of \u00a0certain activities, may be simulated to avoid delays.<\/span><\/div>\n
The ESNE \u00a0Services are our copyrighted property or the copyrighted property of our \u00a0licensors or licensees and all trademarks, service marks, trade names, \u00a0trade dress and other intellectual property rights in the ESNE Services \u00a0are owned by us or our licensors or licensees. \u00a0Except as we \u00a0specifically agree in writing, no element of the ESNE Services may be \u00a0used or exploited in any way other than as part of the ESNE Services \u00a0offered to you. You may own the physical media on which elements of the \u00a0ESNE Services are delivered to you, but we retain full and complete \u00a0ownership of the ESNE Services. \u00a0We do not transfer title to any portion \u00a0of the ESNE Services to you.<\/span><\/div>\n
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Content and Software License<\/span><\/div>\n<\/div>\n
If \u00a0a ESNE Service is configured to enable the use of software, content, \u00a0virtual items or other materials owned or licensed by us, we grant you a \u00a0limited, non-<\/span>exclusive, non-<\/span>sublicensable, non-<\/span>transferable \u00a0license to access and use such software, content, virtual item or other \u00a0material for your personal, noncommercial use only.<\/span><\/div>\n
You may not \u00a0circumvent or disable any content protection system or digital rights \u00a0management technology used with any ESNE Service; decompile, reverse \u00a0engineer, disassemble or otherwise reduce any ESNE Service to a human-<\/span>readable \u00a0form; remove identification, copyright or other proprietary notices; or \u00a0access or use any ESNE Service in an unlawful or unauthorized manner or \u00a0in a manner that suggests an association with our products, services or \u00a0brands. \u00a0You may not access or use any ESNE Service in violation of \u00a0United States export control and economic sanctions requirements. \u00a0By \u00a0acquiring services, content or software through the ESNE Services, you \u00a0represent and warrant that your access to and use of the services, \u00a0content or software will comply with those requirements.<\/span><\/div>\n
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Disclaimers and Limitation on Liability<\/span><\/div>\n<\/div>\n
THE \u00a0ESNE SERVICES ARE PROVIDED \u201cAS IS\u201d AND \u201cAS AVAILABLE.\u201d \u00a0WE DISCLAIM ALL \u00a0CONDITIONS, REPRESENTATIONS AND WARRANTIES NOT EXPRESSLY SET OUT IN \u00a0THESE TERMS.<\/span><\/div>\n
WE SHALL NOT BE LIABLE TO YOU FOR INDIRECT, INCIDENTAL, \u00a0SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS AND PROPERTY \u00a0DAMAGE, EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NOR \u00a0SHALL WE BE HELD LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING \u00a0FROM CAUSES BEYOND OUR REASONABLE CONTROL. \u00a0IN NO EVENT SHALL OUR TOTAL \u00a0LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED ONE \u00a0THOUSAND U.S. DOLLARS (US $1,000).<\/span><\/div>\n
THESE DISCLAIMERS AND LIMITATIONS \u00a0DO NOT AFFECT YOUR RIGHTS AS A CONSUMER OR PURPORT TO LIMIT LIABILITY \u00a0THAT CANNOT BE EXCLUDED UNDER THE LAW IN YOUR USUAL PLACE OF RESIDENCE.<\/span><\/div>\n
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Changes to ESNE Services<\/span><\/div>\n<\/div>\n
ESNE \u00a0Services are constantly evolving and will change over time. \u00a0If we make \u00a0a material change to the ESNE Services, we will provide you with \u00a0reasonable notice and you will be entitled to terminate this contract.<\/span><\/div>\n
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Additional Restrictions on Use of the ESNE Services<\/span><\/div>\n<\/div>\n
We do not allow uses of the ESNE Services that are commercial or business-<\/span>related, \u00a0or that advertise or offer to sell products or services (whether or not \u00a0for profit), or that solicit others (including solicitations for \u00a0contributions or donations). \u00a0You agree not to knowingly or recklessly \u00a0introduce a virus or other harmful component, or otherwise tamper with, \u00a0impair or damage any ESNE Service or connected network, or interfere \u00a0with any person or entity\u2019s use or enjoyment of any ESNE Service. \u00a0\u00a0Additionally, you agree not to access, monitor or copy, or permit \u00a0another person or entity to access, monitor or copy, any element of the \u00a0ESNE Services using a robot, spider, scraper or other automated means or \u00a0manual process without our express written permission.<\/span><\/div>\n
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Third-<\/span>Party Services and Content<\/span><\/div>\n<\/div>\n
The ESNE Services may integrate, be integrated into, or be provided in connection with third-<\/span>party services and content. \u00a0We do not control those third-<\/span>party services and content. \u00a0You should read the terms of use agreements and privacy policies that apply to such third-<\/span>party services and content.<\/span><\/div>\n
If you access a ESNE Service using an Apple iOS, Android or Microsoft Windows-<\/span>powered device or Microsoft Xbox One, Apple Inc., Google, Inc. or Microsoft Corporation, respectively, shall be a third-<\/span>party beneficiary to this contract. \u00a0However, these third-<\/span>party \u00a0beneficiaries are not a party to this contract and are not responsible \u00a0for the provision or support of the ESNE Services. \u00a0You agree that your \u00a0access to the ESNE Services using these devices also shall be subject to \u00a0the usage terms set forth in the applicable third-<\/span>party beneficiary\u2019s terms of service.<\/span><\/div>\n
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Mobile Networks<\/span><\/div>\n<\/div>\n
When \u00a0you access the ESNE Services through a mobile network, your network or \u00a0roaming provider\u2019s messaging, data and other rates and fees will apply. \u00a0\u00a0Downloading, installing or using certain ESNE Services may be \u00a0prohibited or restricted by your network provider and not all ESNE \u00a0Services may work with your network provider or device.<\/span><\/div>\n
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3. \u00a0\u00a0\u00a0\u00a0\u00a0Your Content and Account<\/b><\/div>\n
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User Generated Content<\/span><\/div>\n<\/div>\n
The \u00a0ESNE Services may allow you to communicate, submit, upload or otherwise \u00a0make available text, images, audio, video, competition entries or other \u00a0content (\u201cUser Generated Content\u201d), which may be accessible and \u00a0viewable by the public. \u00a0Access to these features may be subject to age \u00a0restrictions. \u00a0You may not submit or upload User Generated Content that \u00a0is defamatory, harassing, threatening, bigoted, hateful, violent, \u00a0vulgar, obscene, pornographic, or otherwise offensive or that harms or \u00a0can reasonably be expected to harm any person or entity, whether or not \u00a0such material is protected by law.<\/span><\/div>\n
We do not claim ownership to your User Generated Content; however, you grant us a non-<\/span>exclusive, sublicensable, irrevocable and royalty-<\/span>free \u00a0worldwide license under all copyrights, trademarks, patents, trade \u00a0secrets, privacy and publicity rights and other intellectual property \u00a0rights to use, reproduce, transmit, print, publish, publicly display, \u00a0exhibit, distribute, redistribute, copy, index, comment on, modify, \u00a0adapt, translate, create derivative works based upon, publicly perform, \u00a0make available and otherwise exploit such User Generated Content, in \u00a0whole or in part, in all media formats and channels now known or \u00a0hereafter devised (including in connection with the ESNE Services and on \u00a0third-<\/span>party sites and platforms such as Facebook, YouTube and \u00a0Twitter), in any number of copies and without limit as to time, manner \u00a0and frequency of use, without further notice to you, with or without \u00a0attribution, and without the requirement of permission from or payment \u00a0to you or any other person or entity.<\/span><\/div>\n
You represent and warrant that \u00a0your User Generated Content conforms to these terms and that you own or \u00a0have the necessary rights and permissions, without the need for payment \u00a0to any other person or entity, to use and exploit, and to authorize us \u00a0to use and exploit, your User Generated Content in all manners \u00a0contemplated by these terms. \u00a0You agree to indemnify and hold us and our \u00a0subsidiary and affiliated companies, and each of their respective \u00a0employees and officers, harmless from any demands, loss, liability, \u00a0claims or expenses (including attorneys\u2019 fees), made against us by any \u00a0third party arising out of or in connection with our use and \u00a0exploitation of your User Generated Content. \u00a0You also agree not to \u00a0enforce any moral rights, ancillary rights or similar rights in or to \u00a0the User Generated Content against us or our licensees, distributors, \u00a0agents, representatives and other authorized users, and agree to procure \u00a0the same agreement not to enforce from others who may possess such \u00a0rights.<\/span><\/div>\n
To the extent that we authorize you to create, post, upload, \u00a0distribute, publicly display or publicly perform User Generated Content \u00a0that requires the use of our copyrighted works, we grant you a non-<\/span>exclusive \u00a0license to create a derivative work using our copyrighted works as \u00a0required for the purpose of creating the materials, provided that such \u00a0license shall be conditioned upon your assignment to us of all rights in \u00a0the work you create. \u00a0If such rights are not assigned to us, your \u00a0license to create derivative works using our copyrighted works shall be \u00a0null and void.<\/span><\/div>\n
We have the right but not the obligation to monitor, \u00a0screen, post, remove, modify, store and review User Generated Content or \u00a0communications sent through a ESNE Service, at any time and for any \u00a0reason, including to ensure that the User Generated Content or \u00a0communication conforms to these terms, without prior notice to you. \u00a0We \u00a0are not responsible for, and do not endorse or guarantee, the opinions, \u00a0views, advice or recommendations posted or sent by users.<\/span><\/div>\n
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Accounts<\/span><\/div>\n<\/div>\n
Some \u00a0ESNE Services may permit or require you to create an account to \u00a0participate or to secure additional benefits. \u00a0You agree to provide and \u00a0maintain accurate, current and complete information, including your \u00a0contact information for notices and other communications from us and \u00a0your payment information. \u00a0You agree not to impersonate or misrepresent \u00a0your affiliation with any person or entity, including using another \u00a0person\u2019s username, password or other account information, or another \u00a0person\u2019s name or likeness, or provide false details for a parent or \u00a0guardian. \u00a0You agree that we may take steps to verify the accuracy of \u00a0information you provide, including contact information for a parent or \u00a0guardian.<\/span><\/div>\n
We have adopted and implemented a policy that provides for \u00a0the termination, in appropriate circumstances, of the accounts of users \u00a0who are repeat infringers of copyright. \u00a0In addition, we may suspend or \u00a0terminate your account and your ability to use the ESNE Services if you \u00a0engage in, encourage or advocate for illegal conduct, or if you fail to \u00a0comply with these terms or any supplemental terms.<\/span><\/div>\n
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Passwords and Security<\/span><\/div>\n<\/div>\n
You \u00a0are responsible for taking reasonable steps to maintain the \u00a0confidentiality of your username and password, and you are responsible \u00a0for all activities under your account that you can reasonably control. \u00a0\u00a0You agree to promptly notify us of any unauthorized use of your \u00a0username, password or other account information, or of any other breach \u00a0of security that you become aware of involving your account or the ESNE \u00a0Services.<\/span><\/div>\n
The security, integrity and confidentiality of your \u00a0information are extremely important to us. \u00a0We have implemented \u00a0technical, administrative and physical security measures that are \u00a0designed to protect your information from unauthorized access, \u00a0disclosure, use and modification.<\/span><\/div>\n
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4. \u00a0\u00a0\u00a0\u00a0\u00a0Paid Transactions<\/b><\/div>\n
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Identity of Seller<\/span><\/div>\n<\/div>\n
Sales \u00a0are made by ESNE Services or the seller identified at the time of sale, \u00a0if different. \u00a0If you have questions about your order, please contact \u00a0the seller at the address provided and they will assist you. \u00a0Some \u00a0storefronts on the ESNE Services are operated by third parties and, in \u00a0that case, different or additional sale terms may apply, which you \u00a0should read when they are presented to you.<\/span><\/div>\n
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Digital Content and Virtual Items<\/span><\/div>\n<\/div>\n
We may make applications, games, software or other digital content available on the ESNE Services for you to license for a one-<\/span>time \u00a0fee. \u00a0When purchasing a license to access such material from a ESNE \u00a0Service, charges will be disclosed to you on the ESNE Service before you \u00a0complete the license purchase.<\/span><\/div>\n
Your purchase of a virtual item is a payment for a limited, non-<\/span>assignable \u00a0license to access and use such content or functionality in the ESNE \u00a0Services. \u00a0Virtual items (including characters and character names) \u00a0available to you in \u00a0ESNE Services can only be used in connection with \u00a0the ESNE Services where you obtained them or where they were developed \u00a0by you. \u00a0These items are not redeemable or subject to refund and cannot \u00a0be traded outside of the ESNE Services for money or other items for \u00a0value. \u00a0We may modify or discontinue virtual items at any time.<\/span><\/div>\n
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Subscriptions<\/span><\/div>\n<\/div>\n
Some \u00a0ESNE Services require paid subscriptions to access. \u00a0By signing up for a \u00a0subscription, you agree that your subscription will be automatically \u00a0renewed and, unless you cancel your subscription, you authorize us to \u00a0charge your payment method for the renewal term. \u00a0The period of auto-<\/span>renewal \u00a0will be the same as your initial subscription period unless otherwise \u00a0disclosed to you at the time of sale. \u00a0The renewal rate will be no more \u00a0than the rate for the immediately prior subscription period, excluding \u00a0any promotional and discount pricing, unless we notify you of a rate \u00a0change prior to your auto-<\/span>renewal. From time to time, we may offer a \u00a0free trial subscription for a ESNE Service. \u00a0If you register for a free \u00a0trial subscription, we will begin to bill your account when the free \u00a0trial subscription expires, unless you cancel your subscription before \u00a0that time.<\/span><\/div>\n
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The Order Process<\/span><\/div>\n<\/div>\n
You \u00a0will have the opportunity to review and confirm your order, including \u00a0delivery address (if applicable), payment method and product details. \u00a0\u00a0We will send to you a notice when we accept your order and our \u00a0acceptance will be deemed complete and for all purposes to have been \u00a0effectively communicated to you at the time we send the notice. \u00a0At such \u00a0time, the contract for sale will be made and become binding on both you \u00a0and us. \u00a0The risk of loss in any goods you purchase and the \u00a0responsibility to insure them passes to you when the relevant goods are \u00a0delivered.<\/span><\/div>\n
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We reserve the right to refuse or cancel any order \u00a0prior to delivery. \u00a0Some situations that may result in your order being \u00a0cancelled include system or typographical errors, inaccuracies in \u00a0product or pricing information or product availability, fairness among \u00a0customers where supplies are limited, or problems identified by our \u00a0credit or fraud departments. \u00a0We also may require additional \u00a0verification or information before accepting an order. \u00a0We will contact \u00a0you if any portion of your order is cancelled or if additional \u00a0information is required to accept your order. \u00a0If your order is \u00a0cancelled after we have processed your payment but prior to delivery, we \u00a0will refund your payment.<\/span><\/div>\n
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Payments and Billing<\/span><\/div>\n<\/div>\n
When \u00a0you provide payment information, you represent and warrant that the \u00a0information is accurate, that you are authorized to use the payment \u00a0method provided, and that you will notify us of changes to the payment \u00a0information. \u00a0We reserve the right to utilize third party credit card \u00a0updating services to obtain current expiration dates on credit cards.<\/span><\/div>\n
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Right of Cancellation; Return of Goods<\/span><\/div>\n<\/div>\n
When \u00a0you subscribe to a ESNE Service, you have the right to cancel your \u00a0contract within fourteen (14) days after your receipt and acceptance of \u00a0these terms and you will receive a full refund of the subscription fee \u00a0paid. \u00a0For semi-<\/span>annual and annual subscriptions, if notice of \u00a0cancellation is received within the first thirty (30) days following the \u00a0first day of initial billing, you will receive a refund of the \u00a0subscription fee paid. \u00a0If we refund your subscription fee, you will \u00a0still be obligated to pay other charges incurred.<\/span><\/div>\n
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When you \u00a0purchase a license to access digital content or virtual items, you will \u00a0be given an opportunity to consent to delivery at the time of purchase. \u00a0\u00a0By consenting to delivery, you acknowledge that you have lost the right \u00a0to cancel and the license purchase fee is non-<\/span>refundable.<\/span><\/div>\n
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You \u00a0have the right, within thirty (30) days from the date of your receipt \u00a0of physical goods, to cancel our contract with you and return the goods. \u00a0\u00a0This right does not apply to goods stated by us on the ESNE Services \u00a0to be non-<\/span>returnable, including audio and video recordings, \u00a0computer software, and CD\u2019s, DVD\u2019s or other physical media that have \u00a0been unsealed. \u00a0If you are returning goods that are not faulty, you may \u00a0be required to pay for the cost of returning the goods to us and we may \u00a0deduct a reasonable amount if you use the goods.<\/span><\/div>\n
If you wish to cancel, you must do so by following the cancellation instructions for the particular ESNE Service. \u00a0<\/span><\/div>\n
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Personalized Goods<\/span><\/div>\n<\/div>\n
Please \u00a0note that the rights of cancellation and return do not apply for \u00a0personalized goods. \u00a0Cancellations and changes to personalized goods \u00a0cannot be made once you have submitted your order and personalized items \u00a0cannot be returned unless there is a manufacturing error or product \u00a0defect. \u00a0We reserve the right to refuse personalized orders at our \u00a0discretion. \u00a0Inappropriate use of our personalization service will cause \u00a0your order to be cancelled and any payment refunded.<\/span><\/div>\n
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Pricing; Taxes<\/span><\/div>\n<\/div>\n
We \u00a0may revise the pricing for products and services we offer. \u00a0If you pay a \u00a0periodic subscription fee for a ESNE Service, we will provide you with \u00a0reasonable notice of changes to the fees or billing methods in advance \u00a0of their effective date and you will be able to cancel your subscription \u00a0prior to such change. \u00a0When you place your order, we estimate the tax \u00a0and include that estimate in the total for your convenience. \u00a0The actual \u00a0tax amount that will be applied to your order and charged to your \u00a0payment method is based on calculations on the date of shipment, \u00a0regardless of when the order was placed.<\/span><\/div>\n
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International Shipping; Customs<\/span><\/div>\n<\/div>\n
When \u00a0ordering goods for delivery to countries other than the country where \u00a0the seller is located, you may have to pay import duties and taxes \u00a0levied. \u00a0These and any additional charges for customs clearance must be \u00a0borne by you. \u00a0For goods shipped internationally, please note that any \u00a0manufacturer warranty may not be valid; manufacturer service options may \u00a0not be available; manuals, instructions and safety warnings may not be \u00a0in destination country languages; the goods and accompanying materials \u00a0may not be designed in accordance with destination country standards, \u00a0specifications, and labeling requirements; and the goods may not conform \u00a0to destination country voltage (requiring use of an adapter or \u00a0converter). \u00a0You are responsible for assuring the goods can be lawfully \u00a0imported to the destination country. \u00a0When ordering from us, the \u00a0recipient is the importer of record and must comply with all laws and \u00a0regulations of the destination country.<\/span><\/div>\n
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5. \u00a0\u00a0\u00a0\u00a0\u00a0Competitions<\/b><\/div>\n
Competitions \u00a0that you enter on a ESNE Service may have supplemental rules and \u00a0conditions, but the following general rules apply absent contrary terms \u00a0in any supplemental rules or conditions for the competition.<\/span><\/div>\n
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Entries<\/span><\/div>\n<\/div>\n
Your \u00a0competition entry is User Generated Content and subject to all \u00a0provisions of these terms that govern your submission and our use of \u00a0your User Generated Content. \u00a0We may disqualify entries that are late, \u00a0misdirected, incomplete, corrupted, lost, illegible or invalid or where \u00a0appropriate parental consent was not provided. \u00a0Competition entries are \u00a0limited to one per person and entries via agents or third parties or the \u00a0use of multiple identities are not permitted. \u00a0Use of automated \u00a0entries, votes or other programs is prohibited and all such entries (or \u00a0votes) will be disqualified.<\/span><\/div>\n
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We reserve the right to modify, \u00a0suspend, cancel or terminate a competition or extend or resume the entry \u00a0period or disqualify any participant or entry at any time without \u00a0giving advance notice. \u00a0We will do so if it cannot be guaranteed the \u00a0competition can be carried out fairly or correctly for technical, legal \u00a0or other reasons, or if we suspect that any person has manipulated \u00a0entries or results, provided false information or acted unethically. \u00a0If \u00a0we cancel or terminate a competition, prizes may be awarded in any \u00a0manner we deem fair and appropriate consistent with local laws governing \u00a0the competition.<\/span><\/div>\n
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Eligibility<\/span><\/div>\n<\/div>\n
To \u00a0enter a competition, you must be a registered user of the ESNE Services \u00a0and have an active account with current contact information. \u00a0No \u00a0purchase is necessary to enter a competition and a purchase will not \u00a0improve your chances of winning. \u00a0Competitions are not open to our \u00a0employees (or their immediate families) or anyone else professionally \u00a0associated with the competition. \u00a0If you are under age 18 (or the age of \u00a0majority under applicable law) and the competition is open to you, we \u00a0may need your parent or guardian\u2019s consent before we can accept your \u00a0entry. \u00a0We reserve the right to request proof of identity or to verify \u00a0eligibility conditions and potential winning entries, and to award any \u00a0prize to a winner in person. \u00a0Competitions are void where prohibited or \u00a0restricted by law. \u00a0Potential winners who are residents in jurisdictions \u00a0where competitions require an element of skill may be required to \u00a0answer a mathematical test in order to be eligible to win a prize.<\/span><\/div>\n
\u00a0<\/div>\n
\n
Prizes<\/span><\/div>\n<\/div>\n
No \u00a0cash or alternative prizes are available, except that we (or the party \u00a0providing a prize) reserve the right to substitute a similar prize of \u00a0equal or greater value. \u00a0Prizes cannot be transferred (except to a child \u00a0or other family member) or sold by winners. \u00a0Only the number of prizes \u00a0stated for the competition is available to be won and all prizes will be \u00a0awarded provided a sufficient number of eligible entries are received \u00a0and prizes are validly claimed by the date provided in connection with \u00a0the competition, after which no alternate winners will be selected or \u00a0unclaimed prizes awarded. \u00a0Unless otherwise disclosed in the prize \u00a0description prior to entry, winners are responsible for all costs and \u00a0expenses associated with claiming a prize. \u00a0All taxes are solely the \u00a0responsibility of each winner, although we reserve the right to withhold \u00a0applicable taxes and each winner agrees to complete any required tax \u00a0forms.<\/span><\/div>\n
\u00a0<\/div>\n
Your acceptance of a prize constitutes agreement to \u00a0participate in reasonable publicity related to the competition and \u00a0grants us an unconditional right to us to use your name, town or city \u00a0and state, province or country, likeness, prize information and \u00a0statements by you about the competition for publicity, advertising and \u00a0promotional purposes and to comply with applicable law and regulations, \u00a0all without additional permission or compensation. \u00a0As a condition of \u00a0receiving a prize, winners (or their parents or guardians) may be \u00a0required to sign and return an affidavit of eligibility, liability \u00a0release and publicity release.<\/span><\/div>\n
\u00a0<\/div>\n
6. \u00a0\u00a0\u00a0\u00a0\u00a0Additional Provisions<\/b><\/div>\n
\u00a0<\/div>\n
Submissions and Unsolicited Ideas Policies<\/span><\/div>\n
Our long-<\/span>standing \u00a0company policy does not allow us to accept or consider unsolicited \u00a0creative ideas, suggestions or materials. \u00a0In connection with anything \u00a0you submit to us \u2013 whether or not solicited by us \u2013 you agree that \u00a0creative ideas, suggestions or other materials you submit are not being \u00a0made in confidence or trust and that no confidential or fiduciary \u00a0relationship is intended or created between you and us in any way, and \u00a0that you have no expectation of review, compensation or consideration of \u00a0any type.<\/span><\/div>\n
\u00a0<\/div>\n
\n
Claims of Copyright Infringement<\/span><\/div>\n<\/div>\n
Notifications of claimed copyright infringement and counter notices must be sent to our designated agent:<\/span><\/div>\n
Rosie Gomez<\/span><\/div>\n
El Sembrador Ministries<\/span><\/div>\n
20720 Marilla Street<\/span><\/div>\n
Chatsworth, California 91311, USA<\/span><\/div>\n
Phone: \u00a0+1 818-<\/span>700-<\/span>4938<\/span><\/div>\n
\u00a0<\/div>\n
We are only able to accept notices in the languages into which these terms are made available by us.<\/span><\/div>\n
We \u00a0will respond expeditiously to claims of copyright infringement \u00a0committed using the ESNE Services that are reported to our Designated \u00a0Copyright Agent, identified above, in accordance with the U.S. Digital \u00a0Millennium Copyright Act of 1998 (\u201cDMCA\u201d) or, as applicable, other laws. \u00a0\u00a0With respect to ESNE Services hosted in the United States, these \u00a0notices must include the required information set forth in the DMCA.<\/span><\/div>\n
\u00a0<\/div>\n
\u00a0<\/div>\n
\n
Binding Arbitration and Class Action Waiver<\/span><\/div>\n<\/div>\n
You \u00a0and El Sembrador Nueva Evangelizacion Ministries agree to arbitrate all \u00a0disputes between you and El Sembrador Nueva Evangelizacion Ministries \u00a0or its affiliates, except disputes relating to the enforcement of El \u00a0Sembrador Nueva Evangelizacion Ministries or its affiliates\u2019 \u00a0intellectual property rights. \u00a0\u201cDispute\u201d includes any dispute, action or \u00a0other controversy between you and us concerning the ESNE Services or \u00a0these terms, whether in contract, tort, warranty, statute or regulation, \u00a0or other legal or equitable basis. \u00a0You and El Sembrador Nueva \u00a0Evangelizacion Ministries empower the arbitrator with the exclusive \u00a0authority to resolve any dispute relating to the interpretation, \u00a0applicability or enforceability of these terms or formation of this \u00a0contract, including the arbitrability of any dispute and any claim that \u00a0all or any part of these terms are void or voidable.<\/span><\/div>\n
In the event of a \u00a0dispute, you or El Sembrador Nueva Evangelizacion Ministries must send \u00a0to the other party a notice of dispute, which is a written statement \u00a0that sets forth the name, address and contact information of the party \u00a0giving the notice, the facts giving rise to the dispute and the relief \u00a0requested. \u00a0You must send any notice of dispute to El Sembrador Nueva \u00a0Evangelizacion Ministries, 20720 Marilla Street, Chatsworth, California \u00a091311, USA, Attention: Legal\/Arbitration Notice. \u00a0We will send any \u00a0notice of dispute to you at the contact information we have for you. \u00a0\u00a0You and El Sembrador Nueva Evangelizacion Ministries will attempt to \u00a0resolve a dispute through informal negotiation within sixty (60) days \u00a0from the date the notice of dispute is sent. \u00a0After sixty (60) days, you \u00a0or we may commence arbitration. \u00a0You may also litigate a dispute in \u00a0small claims court if the dispute meets the requirements to be heard in \u00a0small claims court, whether or not you negotiated informally first.<\/span><\/div>\n
If \u00a0you and El Sembrador Nueva Evangelizacion Ministries do not resolve a \u00a0dispute by informal negotiation or in small claims court, the dispute \u00a0shall be settled by binding arbitration before a neutral arbitrator \u00a0whose decision will be final except for a limited right of appeal under \u00a0the U.S. Federal Arbitration Act. \u00a0YOU ARE GIVING UP THE RIGHT TO \u00a0LITIGATE A DISPUTE IN COURT BEFORE A JUDGE OR JURY. \u00a0Arbitration will be \u00a0administered by the American Arbitration Association (the \u201cAAA\u201d) under \u00a0its Commercial Arbitration Rules and its Supplementary Procedures for \u00a0Consumer Related Disputes. \u00a0For more information, visit www.adr.org or, \u00a0in the United States, call 800-<\/span>778-<\/span>7879. \u00a0Arbitration may be \u00a0conducted in person, through the submission of documents, by phone or \u00a0online. \u00a0The arbitrator may award damages to you individually as a court \u00a0could, including declaratory or injunctive relief, but only to the \u00a0extent required to satisfy your individual claim.<\/span><\/div>\n
Unless the \u00a0arbitrator finds the arbitration was frivolous or brought for an \u00a0improper purpose, El Sembrador Nueva Evangelizacion Ministries will pay \u00a0all filing, AAA, and arbitrator\u2019s fees and expenses. \u00a0If the arbitrator \u00a0issues you an award that is greater than the value of our last written \u00a0settlement offer made before an arbitrator was selected (or if we did \u00a0not make a settlement offer before an arbitrator was selected), then we \u00a0will pay you the amount of the award or US $1,000, whichever is greater, \u00a0and pay your attorney, if any, the amount of attorneys\u2019 fees, and \u00a0reimburse any expenses (including expert witness fees and costs) that \u00a0you or your attorney reasonably accrue for investigating, preparing and \u00a0pursuing your claim in arbitration. \u00a0We waive any right to seek an award \u00a0of attorneys\u2019 fees and expenses in connection with any non-<\/span>frivolous arbitration between you and us.<\/span><\/div>\n
If \u00a0you are a resident of the United States, arbitration will take place at \u00a0any reasonable location convenient for you. \u00a0For residents outside the \u00a0United States, arbitration shall be initiated in the City of Los \u00a0Angeles, California, United States of America, and you and El Sembrador \u00a0Nueva Evangelizacion Ministries agree to submit to the personal \u00a0jurisdiction of the federal or state courts located there, in order to \u00a0compel arbitration, stay proceedings pending arbitration, or confirm, \u00a0modify, vacate or enter judgment on the award entered by the arbitrator.<\/span><\/div>\n
PROCEEDINGS \u00a0TO RESOLVE OR LITIGATE A DISPUTE IN ANY FORUM WILL BE CONDUCTED ON AN \u00a0INDIVIDUAL BASIS. \u00a0Neither you nor El Sembrador Nueva Evangelizacion \u00a0Ministries will seek to have a dispute heard as a class action, private \u00a0attorney general action, or in any other proceeding in which either \u00a0party acts or proposes to act in a representative capacity. \u00a0No \u00a0arbitration or proceeding can be combined with another without the prior \u00a0written consent of all parties to the arbitration or proceeding. \u00a0If \u00a0the class action waiver is found to be illegal or unenforceable as to \u00a0all or some parts of a dispute, those parts will be severed and proceed \u00a0in a court of law, with the remaining parts proceeding in arbitration.<\/span><\/div>\n
\u00a0<\/div>\n
\n
Choice of Forum<\/span><\/div>\n<\/div>\n
You \u00a0agree that any action at law or in equity arising out of or relating to \u00a0these terms or the ESNE Services that is not subject to arbitration \u00a0shall be filed, and that venue properly lies, only in the state or \u00a0federal courts located in the City of Los Angeles, California, United \u00a0States of America and you consent and submit to the personal \u00a0jurisdiction of such courts for the purposes of litigating such action.<\/span><\/div>\n
\u00a0<\/div>\n
\n
Choice of Law<\/span><\/div>\n<\/div>\n
These \u00a0terms are governed by and construed in accordance with the laws of the \u00a0State of California and the laws of the United States, without giving \u00a0effect to any conflict of law principles.<\/span><\/div>\n
\u00a0<\/div>\n
\n
Severability<\/span><\/div>\n<\/div>\n
If \u00a0any provision of these terms shall be unlawful, void or for any reason \u00a0unenforceable, then that provision shall be deemed severable from these \u00a0terms and shall not affect the validity and enforceability of any \u00a0remaining provisions.<\/span><\/div>\n
\u00a0<\/div>\n
\n
Survival<\/span><\/div>\n<\/div>\n
The \u00a0provisions of these terms which by their nature should survive the \u00a0termination of these terms shall survive such termination.<\/span><\/div>\n
\u00a0<\/div>\n
\n
Waiver<\/span><\/div>\n<\/div>\n
No \u00a0waiver of any provision of these terms by us shall be deemed a further \u00a0or continuing waiver of such provision or any other provision, and our \u00a0failure to assert any right or provision under these terms shall not \u00a0constitute a waiver of such right or provision.<\/span><\/div>\n<\/div>\n","protected":false},"excerpt":{"rendered":"

Terms of Use \u00a0 \u00a0 Last revision: June 2021 \u00a0 El \u00a0Sembrador Nueva Evangelizacion Ministries, is pleased to \u00a0provide to you its sites, software, applications, content, products and \u00a0services referred to collectively as ESNE Services, which may be branded \u00a0ESNE, ESNE TV, ESNE Radio or another brand owned or licensed by El \u00a0Sembrador Nueva Evangelizacion 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