Unceasing Terms and Conditions
Thank you for choosing Unceasing, a resource of the International House of Prayer in Kansas City (“Unceasing”, “we”,”us”, “our”). Unceasing provides a service for streaming and downloading music and other content as well as other products and services that may be developed from time to time. By signing up or otherwise using any of these Unceasing services, including all associated features and funcationalities, websites and user interfaces, as well as all content and software applications associated with our services (collectively, the “Unceasing Service” or “Service”), or accessing any music, videos or other content or material that is made available through the Service (the “content”) you are entering into a binding contract with International House of Prayer-Forerunner Christian Fellowship (“IHOPKC”).
Your agreement with us includes these Terms and Conditions and any additional terms that you agree to (the “Agreement”). You acknowledge that you have read and understood the Agreement and agree to be bound by it. If you don’t agree with (or cannot comply with) the Agreement, then you may not use the Unceasing Service or access any Content.
2. CHANGES TO AGREEMENT
Occasionally we may make changes to the Agreement. When we make material changes to the Agreement, we’ll provide you with notice as appropriate under the circumstances, e.g., by displaying a prominent notice within the Service or by sending you an email. In some cases, we will notify you in advance, and your continued use of the Service after the changes have been made will constitute your acceptance of the changes. Please therefore make sure you read any such notice carefully. If you do not wish to continue using the Service under the new version of the Agreement, you may terminate your account by cancelling your subscription.
3. TRIALS, PAYMENTS, RENEWALS, AND CANCELLATIONS
We may offer trials of the Service for specified period without payment or at a reduced rate (a “Trial”). We may determine your eligibility for a Trial and withdraw or modify a Trial at any time without prior notice and with no liability, to the extent permitted under applicable law.
For all we’ll require you to provide your payment details to start the Trial. By providing such details you agree that we may automatically begin charging you for the Service on the first day following the end of the Trial on a recurring monthly or annual basis (to be chosen in advance by you at the start of your Trial). IF YOU DO NOT WANT THIS CHARGE, YOU MUST CANCEL THE SUBSCRIPTION BEFORE THE END OF THE TRIAL.
You may purchase a subscription to the Service by paying a subscription fee in advance on either a monthly or annual basis. Unceasing may change the prices charged for subscriptions fees from time to time and will communicate any price changes to you in advance and, if applicable, how to accept those changes. Price changes will take effect at the start of the next subscription period following the date of the price change. Subject to applicable law, you accept the new price change by continuing to use the Unceasing Service after the price change takes effect. If you do not agree with a price change, you have the right to reject the change by unsubscribing prior to the the price change going into effect.
3.3 Renewals Cancellations and Refunds
Your payment to Unceasing will automatically renew at the end of the applicable subscription period, unless you cancel your subscription before the end of the then-current subscription period. The cancellation will take effect the day after the last day of the current subscription period. We do not provide refunds or credits for any of our subscription plans. IF YOU DO NOT WANT TO RENEW YOUR SUBSCRIPTION AND PAY ANOTHER RENEWAL FEE, YOU MUST CANCEL THE SERVICE BEFORE THE END OF THE SUBSCRIPTION PERIOD.
4. USING UNCEASING
The Unceasing Service and the Content are the property of IHOPKC or IHOPKC’s licensors. We grant you limited, non-exclusive, revocable permission to make use of the Unceasing Service, including the underlying computer code used by us to design, operate and maintain the Unceasing website, and limited, non-exclusive, revocable permission to make personal, non-commercial use of the Content (collectively, “Access”). This Access shall remain in effect until and unless terminated by you or Unceasing. You promise and agree that you are using the Unceasing Service and Content for your own personal, non-commercial use and that you will not redistribute or transfer the Unceasing Service or the Content.
All Unceasing trademarks, service marks, trade names, logos, domain names, and any other features of the Unceasing brand (“Unceasing Brand Features”) are the sole property of IHOPKC or its licensors. The Agreement does not grant you any rights to use any Unceasing Brand Features whether for commercial or non-commercial use.
You agree to abide by our User Guidelines (described below) and not to use the Unceasing Service, the Content, or any part thereof in any manner not expressly permitted by the Agreement. Except for the rights expressly granted to you in the Agreement, IHOPKC grants no right, title, or interest to you in the Unceasing Service or Content.
5. USER GUIDELINES
Unceasing respects intellectual property rights and expects you to do the same. We’ve established a few ground rules for you to follow when using the Service (the “User Guidelines”).
The following is not permitted for any reason whatsoever:
- copying, redistributing, reproducing, “ripping,” recording, transferring, performing or displaying to the public[MOU1] , broadcasting, or making available to the public any part of the Unceasing Service or the Content, or otherwise making any use of the Unceasing Service or the Content which is not expressly permitted under the Agreement or applicable law or which otherwise infringes the intellectual property rights (such as copyright) in the Unceasing Service or the Content or any part of it;
- reverse-engineering, decompiling, disassembling, modifying, or creating derivative works of the Unceasing Service, Content or any part thereof except to the extent permitted by applicable law;
- circumventing any technology used by Unceasing, its licensors, or any third party to protect the Content or the Service;
- selling, renting, sublicensing or leasing of any part of the Unceasing Service or the Content;
- circumventing any territorial restrictions applied by Unceasing or its licensors;
- providing your password to any other person or using any other person’s username and password;
- using any automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Service or the Content, or in any way reproduce or circumvent the navigational structure or presentation of the Service or the Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Service;
- attempting to gain unauthorized access to any portion or feature of the Service, or any other systems or networks connected to the Service by hacking, password “mining” or any other illegitimate means;
- probing, scanning or testing the vulnerability of the Service or any network connected to the Service, nor breaching the security or authentication measures on the Service or any network connected to the Service;
- performing any reverse look-up, tracing or seeking to trace any information on any other user of or visitor to the Service, or any other customer of ours, to its source, or exploiting the Service or any information made available or offered by or through the Service, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Service;
- using any device, software or routine to interfere or attempt to interfere with the proper working of the Service or any transaction being conducted on the Service, or with any other person’s use of the Service.
6. SERVICE LIMITATIONS AND MODIFICATIONS
Unceasing will make reasonable efforts to keep the Unceasing Service operational. However, certain technical difficulties, maintenance or testing, or updates required to reflect changes in relevant laws and regulatory requirements, may, from time to time, result in temporary interruptions. Unceasing reserves the right, periodically and at any time, to modify or discontinue, temporarily or permanently, functions and features of the Unceasing Service, with advance notice where possible, all without liability to you, except where prohibited by law, for any interruption, modification, or discontinuation of the Unceasing Service or any function or feature thereof. You understand, agree, and accept that Unceasing will make reasonable efforts, although it has no obligation to maintain, support, upgrade, or update the Service, or to provide all or any specific content through the Service. Unceasing and/or the owners of any Content may, from time to time, remove any such Content without notice. This section will be enforced to the extent permissible by applicable law.
7. TERM AND TERMINATION
The Agreement will continue to apply to you until terminated by either you or Unceasing. Unceasing may terminate the Agreement or suspend your access to the Unceasing Service at any time, including in the event of your actual or suspected unauthorized use of the Unceasing Service and/or Content, or non-compliance with the Agreement, or if we withdraw Services and/or Content (in which case we shall provide you with reasonable notice in advance of doing so). If you or Unceasing terminate the Agreement, or if Unceasing suspends your access to the Unceasing Service, you agree that Unceasing shall have no liability or responsibility to you, and Unceasing will not refund any amounts that you have already paid, to the fullest extent permitted under applicable law. You may terminate the Agreement at any time. This section will be enforced to the extent permissible by applicable law.
8. WARRANTY DISCLAIMER
YOU UNDERSTAND AND AGREE THAT THE Unceasing SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. Unceasing AND ALL OWNERS OF THE CONTENT MAKE NO REPRESENTATIONS AND DISCLAIM ANY WARRANTIES OR CONDITIONS OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NEITHER Unceasing NOR ANY OWNER OF CONTENT WARRANTS THAT THE Unceasing SERVICE IS FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. NO ADVICE OR INFORMATION WHETHER ORAL OR IN WRITING OBTAINED BY YOU FROM Unceasing SHALL CREATE ANY WARRANTY ON BEHALF OF Unceasing. THIS SECTION APPLIES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
9. LIMITATION OF LIABILITY
YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE Unceasing SERVICE IS TO STOP USING THE Unceasing SERVICE. IN NO EVENT WILL Unceasing, IHOPKC, ITS OFFICERS, TRUSTEES, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS, OR LICENSORS BE LIABLE FOR (1) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES; (2) ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS (WHETHER DIRECT OR INDIRECT), IN ALL CASES ARISING OUT OF THE USE OF OR INABILITY TO USE THE Unceasing SERVICE, REGARDLESS OF LEGAL THEORY, WITHOUT REGARD TO WHETHER Unceasing HAS BEEN WARNED OF THE POSSIBILITY OF THOSE DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; OR (3) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE Unceasing SERVICE MORE THAN THE AMOUNTS PAID BY YOU TO Unceasing DURING THE PRIOR TWELVE MONTHS IN QUESTION.
10. ENTIRE AGGREMENT
Unless explicitly agreed upon in writing between you and Unceasing, the Agreement constitutes all the terms and conditions agreed upon between you and Unceasing and supersede any prior Agreement in relation to the subject matter of this Agreement, whether written or oral.
11. SEVERABILITY AND WAIVER
Unless as otherwise stated in the Agreement, should any provision of the Agreement be held invalid or unenforceable for any reason or to any extent, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of the Agreement, and the application of that provision shall be enforced to the extent permitted by law. Any failure by Unceasing to enforce the Agreement or any provision thereof shall not waive Unceasing’s right to do so.
Unceasing may assign the Agreement, and any of its rights under the Agreement, in whole or in part, and Unceasing may delegate any of its obligations under the Agreement. You may not assign the Agreement, in whole or in part, nor transfer or sub-license your rights under the Agreement, to any third party.
You agree to indemnify and hold Unceasing harmless from and against all damages, losses, and expenses of any kind (including reasonable attorney fees and costs) arising out of or related to: (1) your breach of the Agreement or any one of them; (2) any activity in which you engage on or through the Unceasing Service; and (3) your violation of any law or the rights of a third party.
14. GOVERNING LAW AND JURISTDICTION
The Agreement (and any non-contractual disputes/claims arising out of or in connection with it) is subject to the laws of the state of Missouri, United States of America, without regard to choice or conflicts of law principles. Further, you and Unceasing agree to the jurisdiction of the state and federal courts in Jackson County, Missouri to resolve any dispute, claim, or controversy that relates to or arises in connection with the Agreement (and any non-contractual disputes/claims relating to or arising in connection with it).