SermonView Membership Agreement
Please read this entire membership agreement prior to downloading or using any Member Content. By activating a SermonView.com membership (paid, free, trial, or otherwise), you signify your agreement to this Membership Agreement.
This is a legal contract between you and SermonView of Vancouver, Washington (“SermonView”). By downloading or using Member Content, you agree to be bound by the terms of this Membership Agreement, which states the terms of payment and what you may and may not do with the Member Content, and contains limitations on warranties and remedies. If you do not accept or agree with these terms, do not download our content.
If you are entering into this agreement on behalf of your employer, church or other legal entity (“Organization”), the license granted and restrictions and limitations recited herein apply to the Organization as well as to you as a representative of the Organization. Should you cease working for, volunteering for or representing this Organization, the Organization may continue to operate under this Membership Agreement.
- Services provided. SermonView
grants, and you accept, a license to use and access any Member Content on SermonView.com (the “Service”). This Member Content is licensed, not sold, and remains the property of SermonView or its licensors. This Member Content is copyrighted and protected under the various laws of the United States, International treaties and other applicable laws. Unauthorized use of the Member Content is a violation of applicable laws and may result in criminal prosecution.
- Grant of rights. SermonView grants to you and your Organization, if you are licensing on behalf of your Organization, a non-exclusive, non-transferable, non-sublicensable right to use any image, artwork, illustration, photograph, slide, video clip, font, clip art, animation, design, audio clip, sermon manuscript, or other copyrighted material, and any derivatives or copies, obtained hereunder (collectively, the “Member Content”), on your personal computer.
- Membership level and permitted uses. The Membership Level to which you subscribed determines what uses are permitted for the Member Content and which content license agreement (“License Agreement”) will govern the use of this content.
- If you are subscribed to a Silver, Gold, Unlimited, or Unlimited Motion Membership, you agree to be bound by the terms of the Non-Commercial Presentation License Agreement, which is incorporated herein by reference.
- If you are subscribed to an Unlimited Plus or Unlimited Complete Membership, you agree to be bound by the terms of the Extended Non-Commercial License Agreement, which is incorporated here in by reference.
The License Agreement will continue in force even after the termination of this Membership Agreement, as provided below.
- Download credits. All month-to-month memberships receive the ability to download files in the form of credits. Each credit is good for downloading one presentation file set or a soft-edge image. Downloads cannot be used on Medium and High resolution images. Download credits expire on the first day of your monthly sign-up renewal and cannot be recovered. Download credits have no cash value and cannot be used in exchange for other services or discounts.
- Accounts and usage. You will receive one Member Account per membership subscription. The Member Account will have one username and one password, permit one user-session at a time, and store one set of system preferences and user history. If you are subscribing to this Service on behalf of an Organization, you may distribute the username and password to up to five members of your Organization. You agree to hold all passwords in strictest of confidence. You may not share or disclose any password to any other user or third party other than as specifically provided for herein. If you breach any provision of this section, SermonView may terminate this Agreement immediately without notice, retain all payments paid pursuant to this Agreement, and seek any legal or equitable remedies.
You may not use scripts, applets, bots, or other automated software or method to download Member Content. You may not stockpile, download, or otherwise store Member Content not used during the subscription term for future use.
- Term of Agreement.
- Unlimited Memberships. For Unlimited, Unlimited Motion, Unlimited Plus and Unlimited Complete memberships (“Unlimited Levels”), the Initial Term of this Agreement shall be one (1) year, starting on the day on which you are granted access to the Member Content.
- Month-to-Month Memberships. For Silver Level and Gold Level memberships (“Month-to-Month Levels”), the Initial Term of this Agreement shall be one (1) month, starting on the day on which you are granted access to the Member Content.
- Automatic renewal. For both Unlimited Levels and Month-to-Month Levels, at the end of the Initial Term your membership will renew automatically on a month-to-month basis until your membership is cancelled, as provided below.
- Changes to membership level. You may change your membership level at any time. If you change your membership to another level of the same type (from one Unlimited Level to another, or from one Month-to-Month Level to another), then this change to your membership level will have no impact on the term of this Agreement. In this case, a change in membership level during the Initial Term will not reduce or extend the Initial Term period, nor will a change in level after the completion of the Initial Term.
If you change your membership from a Month-to-Month Level to an Unlimited Level, then a new Initial Term of one (1) year would start on the day on which you were granted access to Member Content with the new Unlimited Level, and your membership will renew as provided above for Unlimited Levels.
If you change your membership from an Unlimited Level to a Month-to-Month Level, then a transfer fee may be due. This transfer fee is calculated in the same way as the cancelation fee for Unlimited Levels, as provided below. If a transfer fee is due, the change in level will become effective on the day on which the transfer fee is paid. Once the change to a Month-to-Month Level takes place, your membership will renew as provided above for Month-to-Month Levels.
- Payment terms. You agree to pay a flat recurring Membership Fee for access to Member Content during the term of this Agreement.
- If you choose to pay annually, your Membership Fee is due each year on the month and day you first purchased a membership subscription.
- If you choose to pay monthly, your Membership Fee is due on the day of the month on which you first purchased a membership subscription. You may change the monthly billing date to an earlier date by contacting SermonView in writing; however, this will not change the length of the Initial Term.
- You authorize SermonView and your financial institution to withdraw funds from your account or charge your credit card for membership fees, using the account information you have provided. You acknowledge that the origination of debit or credit transactions to your account must comply with the provisions of local laws. You affirm that this authorization is to remain in full force and effect until SermonView has received written notification from you of its termination in such time and manner as to afford SermonView and your financial institution a reasonable opportunity to act on it. The merchant name that will appear on your bank statement is “SermonView.”
- You agree to pay the Membership Fee in full, and no rights are granted under this Agreement until all currently due payments have been made. Any rights granted under this Agreement shall be withdrawn if a payment is missed; these rights will not be reinstated until all past due amounts are made in full. A service charge of two percent (2%) per month, or the amount allowed by law, will be charged on any unpaid balance. You shall be liable for all past due amounts, interest and costs of collection, including attorneys’ fees. Please see below for terms applicable to refunds in the event of cancellation.
- Canceling your membership during the Initial Term. You may cancel your membership at any time. Except as provided below for trial periods, if you cancel prior to 30 days before the end of the Initial Term, a cancellation fee may be incurred.
- If you are paying your Membership Fee monthly and cancel during the Initial Term, the cancellation fee is the total value of all Member Content downloaded at the current non-member price, up to the total of all Membership Fees payable during the Initial Term, with any Membership Fees previously paid credited toward this cancellation fee. If any Membership Fees previously paid are more than the total value of all Member Content downloaded, then no cancellation fee would be due. In no event will a refund be issued if you are paying your Membership Fee monthly.
For example, if a member paying $20 per month wishes to cancel 5 months into the initial term after downloading Member Content worth $200, the cancellation fee would be $200, less Membership Fees previously paid of $100, for a net fee of $100. In this example, if the value of the Member Content was less than $100, then no cancellation fee would be incurred. The highest the cancellation fee would be in this example, regardless of the value of Member Content downloaded, is $240, which is the total of all Membership Fees payable during the Initial Term, for a net fee of $140 after crediting 5 months of Membership Fees.
- If you are paying your Membership Fee annually and cancel during the Initial Term, you may be eligible for a refund of a portion of your annual payment. This refund is equal to the annual Membership Fee minus the higher of:
If either of these is equal to or higher than the value of the annual Membership Fee, then no refund will be issued.
- 1/12th of the annual Membership Fee, times the number of full or partial months that have passed since the start of the Initial Term, plus fifty dollars ($50.00); or
- the total value of all Member Content downloaded during the Initial Term, at the current non-member price, up to the value of the annual Membership Fee.
For example, if a member who made an annual payment of $300 wishes to cancel 5 months into the initial term after downloading Member Content worth $200, a refund for $100 would be issued. In this example, if the value of the content was worth over $300, no refund would be issued, while the highest refund possible in this example would be $125, if the value of Member Content was $175 or less.
- Canceling your membership after the Initial Term. After the Initial Term, you may cancel your membership at any time by giving notice to SermonView.
- If you are paying your Membership Fee monthly, all payments prior to the cancellation date will be due and payable as scheduled. No cancellation fee will be due, and no refund given.
- If you are paying your Membership Fee annually, you may be eligible for a refund of a portion of your annual payment, prorated for the period of time between the last payment and the cancellation date. The formula used to determine any refund due is: the annual Membership Fee, minus 1/12th of the annual Membership Fee times the number of full or partial months between the last annual payment and the cancellation date.
For example, if a member paying $300 per year cancels 5 months after the last annual payment, a refund for $175 would be issued.
- Cancellation will be effective immediately. This Membership Agreement will terminate upon cancellation of your membership and payment of any amount due. After the termination of this Agreement, you may continue to use Member Content that you licensed under this Agreement, pursuant to the terms of the content License Agreement in force at the time of cancellation.
- Warranty. SermonView warrants that it has the legal right to grant licenses to the Member Content on behalf of the copyright owners. SermonView further warrants that the Member Content will be free from defects in materials and workmanship under normal use for a period of 30 days from the date of license. The sole and exclusive remedy for a breach of the foregoing warranty is the replacement of the Member Content, or refund in the amount of the published non-member price for the affected Member Content, at SermonView’s option.
Except as provided above, the Content is provided “as is” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or noninfringement. SermonView does not warrant that the Content will meet your requirements.
SermonView does not guarantee continuous, uninterrupted or secure access to the website, and operation of the website may be interfered with by numerous factors outside of the control of SermonView. You agree to hold SermonView harmless for any computer viruses or other harmful software that you may receive from electronic mail sent from us or from downloads from the service, and you agree that it is your sole responsibility to scan any documents that are attached to such emails or downloaded from the service. You expressly agree that the entire risk arising out of the use or inability to use the website, as to the quality and performance of content contained thereon, and as to electronic communication between you and SermonView is assumed solely by you.
Neither SermonView nor its licensors shall be liable to you or any other person or entity for any general, special, direct, indirect, consequential, incidental, or other damages arising out of this license or otherwise.
SermonView reserves the right to discontinue offering any Member Content for any reason and elect to replace the Member Content with alternate content. SermonView reserves the right to change, withdraw, suspend, or discontinue any functionality or feature of the Service.
- Assignment and waiver. You may not assign or transfer to anyone else the rights granted to you in this Membership Agreement, without our prior written consent. SermonView may assign or transfer this Membership Agreement freely. No action of SermonView, other than written waiver, may be construed as a waiver of any provision of this Membership Agreement. Waiver of a breach by either party in any one instance shall not constitute a waiver of any subsequent breach, whether or not similar.
- Governing law. This Agreement will be governed under the laws of the State of Washington and the federal laws of the United States of America applicable therein (without reference to conflicts of laws principles). Any and all disputes arising out of, under or in connection with this Agreement, including without limitation, its validity, interpretation, performance and breach, shall be submitted to arbitration in the State of Washington, pursuant to the laws in effect at the time arbitration is demanded.
Notwithstanding the foregoing, SermonView shall have the right to commence and prosecute any legal or equitable action or proceeding before any non-U.S.A. court of competent jurisdiction to obtain injuctive or other relief in the event that, in the opinion of SermonView, such action is necessary or desirable.
- Notices. All payment notices and other communication regarding your membership will be sent to you via electronic mail to the email address you provided during the registration process, or to the email address you provided as an update in your account settings. You acknowledge that you are responsible for ensuring that your current contact information is correct, and that you are responsible for setting any spam filter settings to ensure that email messages from sermonview.com and narrowgatemail.com are not blocked. Any notice to SermonView shall be given by email to <firstname.lastname@example.org>, or by certified mail to 5145 NE 94th Ave Ste E, Vancouver, WA 98662. Notice shall be considered given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Notice given by postal mail shall be considered given three (3) days after the date of mailing.
- Entire agreement. You acknowledge that you have read this agreement, understand it, and agree to be bound by its terms and conditions. You further agree that it is the complete and exclusive statement of the agreement between you and SermonView, which supersedes any proposal or prior agreement, oral or written, and any other communication between you and SermonView relating to the subject of this agreement. FAQ’s, other explanations, and text in SermonView’s websites are for your information only and are not, and shall not be construed as, part of this agreement unless specified otherwise in this agreement. If any provision of this Agreement is held to be not enforceable, such provision shall be reformed only to the extent to make it enforceable, consistent with the parties’ intent.
- Modifications. SermonView reserves the right to change or amend this Membership Agreement at any time without prior notice, and you agree that all such changes shall be effective and binding upon you upon being posted at sermonview.com. You agree to review the Membership Agreement periodically to be aware of any such modifications.