Terms of Use - ESNE El Sembrador Nueva Evangelización

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Terms of Use

Last modified: December 2018

El  Sembrador Nueva Evangelizacion Ministries, is pleased to  provide to you its sites, software, applications, content, products and  services referred to collectively as ESNE Services, which may be branded  ESNE, ESNE TV, ESNE Radio or another brand owned or licensed by El  Sembrador Nueva Evangelizacion Ministries.  These terms govern your use  and our provision of the ESNE Services on which these terms are posted,  as well as ESNE Services we make available on third-party sites and platforms if these terms are disclosed to you in connection with your use of the ESNE Services.  

1.      Contract between You and Us
This is a contract between you, a natural person over the age of 13 and El Sembrador Ministries, a California Non-profit  Religious Corporation located at 20720 Marilla Street Chatsworth, CA  91311, USA, or between you and any different service provider identified  for a particular ESNE Service. You must read and agree to these terms  before using the ESNE Services. If you do not agree, you may not use  the ESNE Services. These terms describe the limited basis on which the ESNE Services are available and supersede prior agreements or arrangements.
Supplemental terms and conditions may apply to some  ESNE Services, such as rules for a particular competition, service or  other activity, or terms that may accompany certain content or software  accessible through the ESNE Services.  Supplemental terms and conditions  will be disclosed to you in connection with such competition, service  or activity.  Any supplemental terms and conditions are in addition to  these terms and, in the event of a conflict, prevail over these terms.
We  may amend these terms.  Any such amendment will be effective thirty  (30) days following either our dispatch of a notice to you or our  posting of the amendment on the ESNE Services.  If you do not agree to  any change to these terms, you must discontinue using the ESNE Services.   Our customer service representatives are not authorized to modify any  provision of these terms, either verbally or in writing.
We may  immediately terminate this contract with respect to you (including your  access to the ESNE Services) if you fail to comply with any provision of  these terms.

2.      The ESNE Services
The ESNE  Services are for your personal, noncommercial use and are intended for  informational and entertainment purposes only.  They do not constitute  legal, financial, professional, counseling, medical or healthcare advice  or diagnosis and cannot be used for such purposes.  To support smooth  operation of the ESNE Services across wide geographic areas, aspects of  certain activities, may be simulated to avoid delays.
The ESNE  Services are our copyrighted property or the copyrighted property of our  licensors or licensees and all trademarks, service marks, trade names,  trade dress and other intellectual property rights in the ESNE Services  are owned by us or our licensors or licensees.  Except as we  specifically agree in writing, no element of the ESNE Services may be  used or exploited in any way other than as part of the ESNE Services  offered to you. You may own the physical media on which elements of the  ESNE Services are delivered to you, but we retain full and complete  ownership of the ESNE Services.  We do not transfer title to any portion  of the ESNE Services to you.

Content and Software License
If  a ESNE Service is configured to enable the use of software, content,  virtual items or other materials owned or licensed by us, we grant you a  limited, non-exclusive, non-sublicensable, non-transferable  license to access and use such software, content, virtual item or other  material for your personal, noncommercial use only.
You may not  circumvent or disable any content protection system or digital rights  management technology used with any ESNE Service; decompile, reverse  engineer, disassemble or otherwise reduce any ESNE Service to a human-readable  form; remove identification, copyright or other proprietary notices; or  access or use any ESNE Service in an unlawful or unauthorized manner or  in a manner that suggests an association with our products, services or  brands.  You may not access or use any ESNE Service in violation of  United States export control and economic sanctions requirements.  By  acquiring services, content or software through the ESNE Services, you  represent and warrant that your access to and use of the services,  content or software will comply with those requirements.

Disclaimers and Limitation on Liability

Changes to ESNE Services
ESNE  Services are constantly evolving and will change over time.  If we make  a material change to the ESNE Services, we will provide you with  reasonable notice and you will be entitled to terminate this contract.

Additional Restrictions on Use of the ESNE Services
We do not allow uses of the ESNE Services that are commercial or business-related,  or that advertise or offer to sell products or services (whether or not  for profit), or that solicit others (including solicitations for  contributions or donations).  You agree not to knowingly or recklessly  introduce a virus or other harmful component, or otherwise tamper with,  impair or damage any ESNE Service or connected network, or interfere  with any person or entity’s use or enjoyment of any ESNE Service.   Additionally, you agree not to access, monitor or copy, or permit  another person or entity to access, monitor or copy, any element of the  ESNE Services using a robot, spider, scraper or other automated means or  manual process without our express written permission.

Third-Party Services and Content
The ESNE Services may integrate, be integrated into, or be provided in connection with third-party services and content.  We do not control those third-party services and content.  You should read the terms of use agreements and privacy policies that apply to such third-party services and content.
If you access a ESNE Service using an Apple iOS, Android or Microsoft Windows-powered device or Microsoft Xbox One, Apple Inc., Google, Inc. or Microsoft Corporation, respectively, shall be a third-party beneficiary to this contract.  However, these third-party  beneficiaries are not a party to this contract and are not responsible  for the provision or support of the ESNE Services.  You agree that your  access to the ESNE Services using these devices also shall be subject to  the usage terms set forth in the applicable third-party beneficiary’s terms of service.

Mobile Networks
When  you access the ESNE Services through a mobile network, your network or  roaming provider’s messaging, data and other rates and fees will apply.   Downloading, installing or using certain ESNE Services may be  prohibited or restricted by your network provider and not all ESNE  Services may work with your network provider or device.

3.      Your Content and Account

User Generated Content
The  ESNE Services may allow you to communicate, submit, upload or otherwise  make available text, images, audio, video, competition entries or other  content (“User Generated Content”), which may be accessible and  viewable by the public.  Access to these features may be subject to age  restrictions.  You may not submit or upload User Generated Content that  is defamatory, harassing, threatening, bigoted, hateful, violent,  vulgar, obscene, pornographic, or otherwise offensive or that harms or  can reasonably be expected to harm any person or entity, whether or not  such material is protected by law.
We do not claim ownership to your User Generated Content; however, you grant us a non-exclusive, sublicensable, irrevocable and royalty-free  worldwide license under all copyrights, trademarks, patents, trade  secrets, privacy and publicity rights and other intellectual property  rights to use, reproduce, transmit, print, publish, publicly display,  exhibit, distribute, redistribute, copy, index, comment on, modify,  adapt, translate, create derivative works based upon, publicly perform,  make available and otherwise exploit such User Generated Content, in  whole or in part, in all media formats and channels now known or  hereafter devised (including in connection with the ESNE Services and on  third-party sites and platforms such as Facebook, YouTube and  Twitter), in any number of copies and without limit as to time, manner  and frequency of use, without further notice to you, with or without  attribution, and without the requirement of permission from or payment  to you or any other person or entity.
You represent and warrant that  your User Generated Content conforms to these terms and that you own or  have the necessary rights and permissions, without the need for payment  to any other person or entity, to use and exploit, and to authorize us  to use and exploit, your User Generated Content in all manners  contemplated by these terms.  You agree to indemnify and hold us and our  subsidiary and affiliated companies, and each of their respective  employees and officers, harmless from any demands, loss, liability,  claims or expenses (including attorneys’ fees), made against us by any  third party arising out of or in connection with our use and  exploitation of your User Generated Content.  You also agree not to  enforce any moral rights, ancillary rights or similar rights in or to  the User Generated Content against us or our licensees, distributors,  agents, representatives and other authorized users, and agree to procure  the same agreement not to enforce from others who may possess such  rights.
To the extent that we authorize you to create, post, upload,  distribute, publicly display or publicly perform User Generated Content  that requires the use of our copyrighted works, we grant you a non-exclusive  license to create a derivative work using our copyrighted works as  required for the purpose of creating the materials, provided that such  license shall be conditioned upon your assignment to us of all rights in  the work you create.  If such rights are not assigned to us, your  license to create derivative works using our copyrighted works shall be  null and void.
We have the right but not the obligation to monitor,  screen, post, remove, modify, store and review User Generated Content or  communications sent through a ESNE Service, at any time and for any  reason, including to ensure that the User Generated Content or  communication conforms to these terms, without prior notice to you.  We  are not responsible for, and do not endorse or guarantee, the opinions,  views, advice or recommendations posted or sent by users.

Some  ESNE Services may permit or require you to create an account to  participate or to secure additional benefits.  You agree to provide and  maintain accurate, current and complete information, including your  contact information for notices and other communications from us and  your payment information.  You agree not to impersonate or misrepresent  your affiliation with any person or entity, including using another  person’s username, password or other account information, or another  person’s name or likeness, or provide false details for a parent or  guardian.  You agree that we may take steps to verify the accuracy of  information you provide, including contact information for a parent or  guardian.
We have adopted and implemented a policy that provides for  the termination, in appropriate circumstances, of the accounts of users  who are repeat infringers of copyright.  In addition, we may suspend or  terminate your account and your ability to use the ESNE Services if you  engage in, encourage or advocate for illegal conduct, or if you fail to  comply with these terms or any supplemental terms.

Passwords and Security
You  are responsible for taking reasonable steps to maintain the  confidentiality of your username and password, and you are responsible  for all activities under your account that you can reasonably control.   You agree to promptly notify us of any unauthorized use of your  username, password or other account information, or of any other breach  of security that you become aware of involving your account or the ESNE  Services.
The security, integrity and confidentiality of your  information are extremely important to us.  We have implemented  technical, administrative and physical security measures that are  designed to protect your information from unauthorized access,  disclosure, use and modification.

4.      Paid Transactions

Identity of Seller
Sales  are made by ESNE Services or the seller identified at the time of sale,  if different.  If you have questions about your order, please contact  the seller at the address provided and they will assist you.  Some  storefronts on the ESNE Services are operated by third parties and, in  that case, different or additional sale terms may apply, which you  should read when they are presented to you.

Digital Content and Virtual Items
We may make applications, games, software or other digital content available on the ESNE Services for you to license for a one-time  fee.  When purchasing a license to access such material from a ESNE  Service, charges will be disclosed to you on the ESNE Service before you  complete the license purchase.
Your purchase of a virtual item is a payment for a limited, non-assignable  license to access and use such content or functionality in the ESNE  Services.  Virtual items (including characters and character names)  available to you in  ESNE Services can only be used in connection with  the ESNE Services where you obtained them or where they were developed  by you.  These items are not redeemable or subject to refund and cannot  be traded outside of the ESNE Services for money or other items for  value.  We may modify or discontinue virtual items at any time.

Some  ESNE Services require paid subscriptions to access.  By signing up for a  subscription, you agree that your subscription will be automatically  renewed and, unless you cancel your subscription, you authorize us to  charge your payment method for the renewal term.  The period of auto-renewal  will be the same as your initial subscription period unless otherwise  disclosed to you at the time of sale.  The renewal rate will be no more  than the rate for the immediately prior subscription period, excluding  any promotional and discount pricing, unless we notify you of a rate  change prior to your auto-renewal. From time to time, we may offer a  free trial subscription for a ESNE Service.  If you register for a free  trial subscription, we will begin to bill your account when the free  trial subscription expires, unless you cancel your subscription before  that time.

The Order Process
You  will have the opportunity to review and confirm your order, including  delivery address (if applicable), payment method and product details.   We will send to you a notice when we accept your order and our  acceptance will be deemed complete and for all purposes to have been  effectively communicated to you at the time we send the notice.  At such  time, the contract for sale will be made and become binding on both you  and us.  The risk of loss in any goods you purchase and the  responsibility to insure them passes to you when the relevant goods are  delivered.

We reserve the right to refuse or cancel any order  prior to delivery.  Some situations that may result in your order being  cancelled include system or typographical errors, inaccuracies in  product or pricing information or product availability, fairness among  customers where supplies are limited, or problems identified by our  credit or fraud departments.  We also may require additional  verification or information before accepting an order.  We will contact  you if any portion of your order is cancelled or if additional  information is required to accept your order.  If your order is  cancelled after we have processed your payment but prior to delivery, we  will refund your payment.

Payments and Billing
When  you provide payment information, you represent and warrant that the  information is accurate, that you are authorized to use the payment  method provided, and that you will notify us of changes to the payment  information.  We reserve the right to utilize third party credit card  updating services to obtain current expiration dates on credit cards.

Right of Cancellation; Return of Goods
When  you subscribe to a ESNE Service, you have the right to cancel your  contract within fourteen (14) days after your receipt and acceptance of  these terms and you will receive a full refund of the subscription fee  paid.  For semi-annual and annual subscriptions, if notice of  cancellation is received within the first thirty (30) days following the  first day of initial billing, you will receive a refund of the  subscription fee paid.  If we refund your subscription fee, you will  still be obligated to pay other charges incurred.

When you  purchase a license to access digital content or virtual items, you will  be given an opportunity to consent to delivery at the time of purchase.   By consenting to delivery, you acknowledge that you have lost the right  to cancel and the license purchase fee is non-refundable.

You  have the right, within thirty (30) days from the date of your receipt  of physical goods, to cancel our contract with you and return the goods.   This right does not apply to goods stated by us on the ESNE Services  to be non-returnable, including audio and video recordings,  computer software, and CD’s, DVD’s or other physical media that have  been unsealed.  If you are returning goods that are not faulty, you may  be required to pay for the cost of returning the goods to us and we may  deduct a reasonable amount if you use the goods.
If you wish to cancel, you must do so by following the cancellation instructions for the particular ESNE Service.  

Personalized Goods
Please  note that the rights of cancellation and return do not apply for  personalized goods.  Cancellations and changes to personalized goods  cannot be made once you have submitted your order and personalized items  cannot be returned unless there is a manufacturing error or product  defect.  We reserve the right to refuse personalized orders at our  discretion.  Inappropriate use of our personalization service will cause  your order to be cancelled and any payment refunded.

Pricing; Taxes
We  may revise the pricing for products and services we offer.  If you pay a  periodic subscription fee for a ESNE Service, we will provide you with  reasonable notice of changes to the fees or billing methods in advance  of their effective date and you will be able to cancel your subscription  prior to such change.  When you place your order, we estimate the tax  and include that estimate in the total for your convenience.  The actual  tax amount that will be applied to your order and charged to your  payment method is based on calculations on the date of shipment,  regardless of when the order was placed.

International Shipping; Customs
When  ordering goods for delivery to countries other than the country where  the seller is located, you may have to pay import duties and taxes  levied.  These and any additional charges for customs clearance must be  borne by you.  For goods shipped internationally, please note that any  manufacturer warranty may not be valid; manufacturer service options may  not be available; manuals, instructions and safety warnings may not be  in destination country languages; the goods and accompanying materials  may not be designed in accordance with destination country standards,  specifications, and labeling requirements; and the goods may not conform  to destination country voltage (requiring use of an adapter or  converter).  You are responsible for assuring the goods can be lawfully  imported to the destination country.  When ordering from us, the  recipient is the importer of record and must comply with all laws and  regulations of the destination country.

5.      Competitions
Competitions  that you enter on a ESNE Service may have supplemental rules and  conditions, but the following general rules apply absent contrary terms  in any supplemental rules or conditions for the competition.

Your  competition entry is User Generated Content and subject to all  provisions of these terms that govern your submission and our use of  your User Generated Content.  We may disqualify entries that are late,  misdirected, incomplete, corrupted, lost, illegible or invalid or where  appropriate parental consent was not provided.  Competition entries are  limited to one per person and entries via agents or third parties or the  use of multiple identities are not permitted.  Use of automated  entries, votes or other programs is prohibited and all such entries (or  votes) will be disqualified.

We reserve the right to modify,  suspend, cancel or terminate a competition or extend or resume the entry  period or disqualify any participant or entry at any time without  giving advance notice.  We will do so if it cannot be guaranteed the  competition can be carried out fairly or correctly for technical, legal  or other reasons, or if we suspect that any person has manipulated  entries or results, provided false information or acted unethically.  If  we cancel or terminate a competition, prizes may be awarded in any  manner we deem fair and appropriate consistent with local laws governing  the competition.

To  enter a competition, you must be a registered user of the ESNE Services  and have an active account with current contact information.  No  purchase is necessary to enter a competition and a purchase will not  improve your chances of winning.  Competitions are not open to our  employees (or their immediate families) or anyone else professionally  associated with the competition.  If you are under age 18 (or the age of  majority under applicable law) and the competition is open to you, we  may need your parent or guardian’s consent before we can accept your  entry.  We reserve the right to request proof of identity or to verify  eligibility conditions and potential winning entries, and to award any  prize to a winner in person.  Competitions are void where prohibited or  restricted by law.  Potential winners who are residents in jurisdictions  where competitions require an element of skill may be required to  answer a mathematical test in order to be eligible to win a prize.

No  cash or alternative prizes are available, except that we (or the party  providing a prize) reserve the right to substitute a similar prize of  equal or greater value.  Prizes cannot be transferred (except to a child  or other family member) or sold by winners.  Only the number of prizes  stated for the competition is available to be won and all prizes will be  awarded provided a sufficient number of eligible entries are received  and prizes are validly claimed by the date provided in connection with  the competition, after which no alternate winners will be selected or  unclaimed prizes awarded.  Unless otherwise disclosed in the prize  description prior to entry, winners are responsible for all costs and  expenses associated with claiming a prize.  All taxes are solely the  responsibility of each winner, although we reserve the right to withhold  applicable taxes and each winner agrees to complete any required tax  forms.

Your acceptance of a prize constitutes agreement to  participate in reasonable publicity related to the competition and  grants us an unconditional right to us to use your name, town or city  and state, province or country, likeness, prize information and  statements by you about the competition for publicity, advertising and  promotional purposes and to comply with applicable law and regulations,  all without additional permission or compensation.  As a condition of  receiving a prize, winners (or their parents or guardians) may be  required to sign and return an affidavit of eligibility, liability  release and publicity release.

6.      Additional Provisions

Submissions and Unsolicited Ideas Policies
Our long-standing  company policy does not allow us to accept or consider unsolicited  creative ideas, suggestions or materials.  In connection with anything  you submit to us – whether or not solicited by us – you agree that  creative ideas, suggestions or other materials you submit are not being  made in confidence or trust and that no confidential or fiduciary  relationship is intended or created between you and us in any way, and  that you have no expectation of review, compensation or consideration of  any type.

Claims of Copyright Infringement
Notifications of claimed copyright infringement and counter notices must be sent to our designated agent:
Rosie Gomez
El Sembrador Ministries
20720 Marilla Street
Chatsworth, California 91311, USA
Phone:  +1 818-700-4938

We are only able to accept notices in the languages into which these terms are made available by us.
We  will respond expeditiously to claims of copyright infringement  committed using the ESNE Services that are reported to our Designated  Copyright Agent, identified above, in accordance with the U.S. Digital  Millennium Copyright Act of 1998 (“DMCA”) or, as applicable, other laws.   With respect to ESNE Services hosted in the United States, these  notices must include the required information set forth in the DMCA.

Binding Arbitration and Class Action Waiver
You  and El Sembrador Nueva Evangelizacion Ministries agree to arbitrate all  disputes between you and El Sembrador Nueva Evangelizacion Ministries  or its affiliates, except disputes relating to the enforcement of El  Sembrador Nueva Evangelizacion Ministries or its affiliates’  intellectual property rights.  “Dispute” includes any dispute, action or  other controversy between you and us concerning the ESNE Services or  these terms, whether in contract, tort, warranty, statute or regulation,  or other legal or equitable basis.  You and El Sembrador Nueva  Evangelizacion Ministries empower the arbitrator with the exclusive  authority to resolve any dispute relating to the interpretation,  applicability or enforceability of these terms or formation of this  contract, including the arbitrability of any dispute and any claim that  all or any part of these terms are void or voidable.
In the event of a  dispute, you or El Sembrador Nueva Evangelizacion Ministries must send  to the other party a notice of dispute, which is a written statement  that sets forth the name, address and contact information of the party  giving the notice, the facts giving rise to the dispute and the relief  requested.  You must send any notice of dispute to El Sembrador Nueva  Evangelizacion Ministries, 20720 Marilla Street, Chatsworth, California  91311, USA, Attention: Legal/Arbitration Notice.  We will send any  notice of dispute to you at the contact information we have for you.   You and El Sembrador Nueva Evangelizacion Ministries will attempt to  resolve a dispute through informal negotiation within sixty (60) days  from the date the notice of dispute is sent.  After sixty (60) days, you  or we may commence arbitration.  You may also litigate a dispute in  small claims court if the dispute meets the requirements to be heard in  small claims court, whether or not you negotiated informally first.
If  you and El Sembrador Nueva Evangelizacion Ministries do not resolve a  dispute by informal negotiation or in small claims court, the dispute  shall be settled by binding arbitration before a neutral arbitrator  whose decision will be final except for a limited right of appeal under  the U.S. Federal Arbitration Act.  YOU ARE GIVING UP THE RIGHT TO  LITIGATE A DISPUTE IN COURT BEFORE A JUDGE OR JURY.  Arbitration will be  administered by the American Arbitration Association (the “AAA”) under  its Commercial Arbitration Rules and its Supplementary Procedures for  Consumer Related Disputes.  For more information, visit www.adr.org or,  in the United States, call 800-778-7879.  Arbitration may be  conducted in person, through the submission of documents, by phone or  online.  The arbitrator may award damages to you individually as a court  could, including declaratory or injunctive relief, but only to the  extent required to satisfy your individual claim.
Unless the  arbitrator finds the arbitration was frivolous or brought for an  improper purpose, El Sembrador Nueva Evangelizacion Ministries will pay  all filing, AAA, and arbitrator’s fees and expenses.  If the arbitrator  issues you an award that is greater than the value of our last written  settlement offer made before an arbitrator was selected (or if we did  not make a settlement offer before an arbitrator was selected), then we  will pay you the amount of the award or US $1,000, whichever is greater,  and pay your attorney, if any, the amount of attorneys’ fees, and  reimburse any expenses (including expert witness fees and costs) that  you or your attorney reasonably accrue for investigating, preparing and  pursuing your claim in arbitration.  We waive any right to seek an award  of attorneys’ fees and expenses in connection with any non-frivolous arbitration between you and us.
If  you are a resident of the United States, arbitration will take place at  any reasonable location convenient for you.  For residents outside the  United States, arbitration shall be initiated in the City of Los  Angeles, California, United States of America, and you and El Sembrador  Nueva Evangelizacion Ministries agree to submit to the personal  jurisdiction of the federal or state courts located there, in order to  compel arbitration, stay proceedings pending arbitration, or confirm,  modify, vacate or enter judgment on the award entered by the arbitrator.
PROCEEDINGS  TO RESOLVE OR LITIGATE A DISPUTE IN ANY FORUM WILL BE CONDUCTED ON AN  INDIVIDUAL BASIS.  Neither you nor El Sembrador Nueva Evangelizacion  Ministries will seek to have a dispute heard as a class action, private  attorney general action, or in any other proceeding in which either  party acts or proposes to act in a representative capacity.  No  arbitration or proceeding can be combined with another without the prior  written consent of all parties to the arbitration or proceeding.  If  the class action waiver is found to be illegal or unenforceable as to  all or some parts of a dispute, those parts will be severed and proceed  in a court of law, with the remaining parts proceeding in arbitration.

Choice of Forum
You  agree that any action at law or in equity arising out of or relating to  these terms or the ESNE Services that is not subject to arbitration  shall be filed, and that venue properly lies, only in the state or  federal courts located in the City of Los Angeles, California, United  States of America and you consent and submit to the personal  jurisdiction of such courts for the purposes of litigating such action.

Choice of Law
These  terms are governed by and construed in accordance with the laws of the  State of California and the laws of the United States, without giving  effect to any conflict of law principles.

If  any provision of these terms shall be unlawful, void or for any reason  unenforceable, then that provision shall be deemed severable from these  terms and shall not affect the validity and enforceability of any  remaining provisions.

The  provisions of these terms which by their nature should survive the  termination of these terms shall survive such termination.

No  waiver of any provision of these terms by us shall be deemed a further  or continuing waiver of such provision or any other provision, and our  failure to assert any right or provision under these terms shall not  constitute a waiver of such right or provision.

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