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Welcome to Crossroads Creative. We produce and provide video and document resources as a service to our customers. By using these resources, you are agreeing to comply with and be bound by the following terms of use. Please review the following terms carefully. If you do not agree to these terms, you should not use the Resources obtained from us.
1. Acceptance of Agreement. You agree to the terms and conditions outlined in this Terms of Use Agreement ("Agreement") with respect to our video and document resources (the "Resources"). This Agreement constitutes the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Resources, the content, products or services provided by or through the Resources, and the subject matter of this Agreement.
2. Copyright. The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Resources are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the Resources, except as allowed by Section 4, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials contained in the Resources.
3. Trademarks. The Xlogo slate and filmstrip are trademarks of Crossroads Creative. Other product and company names mentioned in the Resources may be trademarks of their respective owners.
4. Limited Right to Use. The viewing or printing of any video or document from the Resources grants you only a limited, nonexclusive license for use solely by you in a local congregational setting only and not for national republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use. Videos in the Resources may be reproduced in any form, but only for your use in a local congregational setting. Videos in the Resources may be used in Internet streaming also. No part of any video or document in the Resources may appear as a part of a nationally broadcast radio or television program.
5. Editing, Deleting and Modification. We reserve the right in our sole discretion to edit or delete any videos, documents, information or other content appearing in the Resources.
6. Indemnification. You agree to indemnify, defend and hold us and our partners, attorneys, staff and affiliates (collectively, "Affiliate Parties") harmless from any liability, loss, claim and expense, including reasonable attorneys' fees, related to your violation of this Agreement or use of the Resources.
7. Nontransferable. Your right to use the Resources is not transferable.
8. Disclaimer and Limits. THE INFORMATION FROM OR THROUGH THE RESOURCES IS PROVIDED "AS IS," "AS AVAILABLE," AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE VIDEOS AND DOCUMENTS MAY CONTAIN ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF THE RESOURCES. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THE RESOURCES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE RESOURCES SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. WE WILL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND THAT MAY RESULT FROM USE OF OR INABILITY TO USE THE RESOURCES. OUR MAXIMUM LIABILITY TO YOU UNDER ALL CIRCUMSTANCES WILL BE EQUAL TO THE PURCHASE PRICE YOU PAY FOR THE RESOURCES.
9. Payments. You represent and warrant that if you are purchasing something from us that (i) any credit information you supply is true and complete, (ii) charges incurred by you will be honored by your credit card company, and (iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes.
10. Refund Policy. If a product purchased by you proves to be defective or not to your reasonable satisfaction, you can return the product within twenty-one (21) days of receipt, to the following address: Crossroads Creative, 150 Verona Dr., Lafayette, LA 70507. In such event, we will provide you a credit for other purchases on the Resources (less shipping and handling charges incurred). This Section 10 sets forth your sole and exclusive right to refund and return.
11. Miscellaneous. This Agreement shall be treated as though it were executed and performed in Lafayette, Louisiana, and shall be governed by and construed in accordance with the laws of the State of Louisiana (without regard to conflict of law principles). Any cause of action by you with respect to the Resources (and/or any information, products or services related thereto) must be instituted within one (1) year after the cause of action arose or be forever waived and barred. All actions shall be subject to the limitations set forth in Section 8. The language in this Agreement shall be interpreted as in accordance with its fair meaning and not strictly for or against either party. All legal proceedings arising out of or in connection with this Agreement shall be brought solely in Lafayette, Louisiana. You expressly submit to the exclusive jurisdiction of said courts and consent to extraterritorial service of process. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Resources is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.
