Terms of Use

Use of the Site.

Welcome, these are the Terms and Conditions of Service (the “Terms”) for the website located at www.baptiststudios.com (the “Site”), including its sub-domains and its mobile optimized versions, along with any products and services offered thereby.  These Terms shall supplement our Privacy Policy (the “Policy”), incorporated herein by reference.

The Site is operated by Baptist Studios, Inc. (hereinafter, “Baptist Studios”), who creates, promotes and sells Christian stock digital content pieces, videos, photos, illustrations, and other types of digital goods (the “Service(s)”).

The terms‘us’, ‘its’, ‘ours’ and/or‘we’, as used herein, refer to us, Baptist Studios and/or our affiliates, assignees, successors and/or brands.  As used herein, the terms ‘you’, ‘your’, and/or ‘yourself’ refer to you, a user/visitor/browser of our Site, whether registered under an account or not.

Acceptance.

If you continue to browse and use the Site, you hereby acknowledge and agree to be bound by and under these Terms which, together with our Policy, will govern Baptist Studios’ relationship with you in relation to the Site, along with any digital content pieces and Services offered thereby.

Updates.

Baptist Studios reserves the right to modify, amend, suspend, terminate, upgrade, update or otherwise modify these Terms, at any time and without notice.  Any changes will be displayed in the Site, and we may notify you by email.  Please refer to the last effective date where changes were last undertaken by us.  Your use of our Services after the effective date of any update– either by an account registration or simple use – thereby indicates your acceptance thereof.

Account Registration and Security.

In order to use our Services, you will need to create an account, including all mandatory fields on the registration form.  You must provide accurate and complete account information.  We reserve the right to request electronic signatures and account verification methods from our users.  You agree to keep secret the password chosen upon creating your account and not to communicate it to anybody.  If you lose or disclose it, you must promptly inform us.

You are solely responsible for the activity that occurs on your account and for keeping your password secure and confidential, and mustnotify us immediately of any breach of security or unauthorized use of your account.  You will be liable for any and all misuse of your account, including the fraudulent use by a third party, or even the disclosure of your password.

Account Suspension, Termination.

Baptist Studios encourages you to report violations of our Terms.  Users undertaking conducts that may constitute a factual –or even alleged– breach of these Terms, including but not limiting, using automated mechanisms to make fraudulent communications, may become subject to immediate account suspension / termination, at our sole and final discretion, without notice and without responsibility.

We reserve the right, at our sole and final discretion, to deactivate, freeze, suspend or terminate any account upon any factual or alleged breach of these Terms.  You must notify us immediately of any change in your eligibility to use Baptist Studios, or if you suspect a breach of security or unauthorized use of your account.

You acknowledge and agree that we may report any activity that we believe may violate any law to law enforcement, regulators or other relevant third parties and that any violation of the aforementioned provisions may result in the immediate termination of your access to the products or our Services.

Service Eligibility.

Baptist Studios does not provide its Services to persons under the age of eighteen (18).  If you are under such age, you may only use them under the direct supervision of your parent or legal guardian.

User Privacy.

By disclosing any data and personally identifying information to us, you agree to our Policy, including the collection, process, storage and disclosure of such personally identifiable information, including our affiliates, partners, and clients.  We will ask for your express consent, including for inclusion into our newsletters, updates, and follow-ups.  For more information, please read our Policy.

Third Party Links.

The Site and the Services may contain hyperlinks to other websites.  These links are for your personal convenience and to provide you with further information which may be of interest to you.  The provision of such links does not imply any endorsement of such third party websites, products or services.

From time to time, we may place ads and promotions from third-party sources in the Site and/or the Services.  Accordingly, your participation or undertakings in promotions of third parties other than Baptist Studios, and any terms, conditions, warranties or representations associated with such undertakings, are solely between you and such third party. Baptist Studiosis not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of third party advertisers.

Payments.

You must provide us valid and current billing information.  Except as expressly set forth herein, all purchases are final and non-cancelable or non-refundable.  If we detect any chargeback or if any payment is not received by us for any reason from your card or account, you will promptly pay us any and all amounts due to us upon notice.  Any failure or inability by us to process any payment hereunder does not relieve you from your payment obligations.

We use worldwide accepted third-party payment processors to bill you through a payment account linked to your account.  You hereby authorize us the charging of fees through your indicated payment processing account.

The processing of payments will be subject to the fees, terms, conditions and privacy policies of such payment processors.  Baptist Studios is not responsible for any and all errors, fees and currency conversions fees by the payment processor, and you should review its terms and policies from time to time, which will govern the provision of services to you.

Depending on your place of residence, Baptist Studios may collect taxes on orders, and you will be able to review them before placing your final order. Tax obligations are not optional, but if you deem that we are charging taxes based on erroneous geographical information of yours, please contact us to solve the matter.

Upon placing an order, payment must be received by Baptist Studios prior to order processing.  Once payment clears, we will proceed to make the download accessible to you or to provide you with the key or analogous activation mechanism.

Baptist Studios may not be able to sell digital goods to certain regions, and therefore we may reject orders with addresses in such places.  If that becomes the case, we will inform you about the matter.

No Refunds.

Due to their own nature, sold digital content pieces cannot be refunded, under any circumstances.  Accordingly, we do not offer refunds for our products and Services, including, for the avoidance of doubt, sold pieces of digital content.  If you have a problem with your order, please contact us as soon as possible, and we will asses each case on its own merits.

Disputes & Charge-backs.

A chargeback is typically caused when a customer disputes a charge that appears on their bank or payment processing statement.  A charge-back may result in the reversal of a transaction, with the amount charged back to you.  You can be assessed charge-backs for: (i) customer disputes; (ii) unauthorized or improperly authorized transactions; (iii) transactions that do not comply with card network rules or are allegedly unlawful or suspicious; or (iv) any reversals for any reason by our payment processor or the institutions handling the transaction.

When a chargeback is issued, you are immediately liable to Baptist Studios for the full amount of payment of the chargeback, plus any associated fees, fines, expenses or penalties (including those assessed by our payment processor or the financial institutions handling the transaction).  Accordingly, you hereby represent and warrant that you expressly appoint Baptist Studios as your agent, with full power to recover these amounts by debiting your account or setting off any amounts owed to you by us.

If we are unable to recover funds related to a charge-back for which you are liable, you will pay us the full amount of the chargeback immediately upon demand.  You agree to pay all costs and expenses, including without limitation, costs assessed by our payment processor, legal fees, and other legal expenses, incurred by or on behalf of us in connection with the collection of any unpaid charge-backs unpaid by you.

Prohibited Activities.

As our user, you agree to not undertake, motivate, or facilitate the use or access of the Site, the products or the Services in order to:

  1. Infringe these Terms, or allow, encourage or facilitate others to do so.
  2. Plagiarize and/or infringe the intellectual property rights or privacy rights of any third party, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right.
  3. Distribute, post or otherwise make available any content that: (i) infringes or endangers the intellectual property rights of any person (e.g. trademark, moral rights, trade secret, copyright, ancillary rights or other);(ii) enables any act that could promote or cause discrimination, racism, harm,libel,hatred or violence against any individual or group; (iii) endangers children and underage persons; (iv) is or allows illegal or fraudulent activities to take place; (v) is or may constitute a criminal or capital offenseor otherwise infringes any applicable law; and/or (vi) is or can be considered to be obscene, sexually explicit material, pornographic, threatening/defamatory, plagiarized, firearms, tobacco, alcohol, marijuana, gambling, binary options, Forex, pornographic or analogous material.
  4. Collect, receive, transfer or disseminate any personally identifiable information of any person without due consent from the title holder.
  5. Use any automated or manual process to obtain, copy, process, access and/or use our Site or Services or any part therefrom to capture unauthorized data or content, for any purpose.
  6. Enable, undertake, program or execute any type of system, computer program or technique in order to data-mine, retrieve, scrape, index or otherwise extract unauthorized information from Baptist Studios or any portion or data feeds therefrom.

 

 

Term, Termination.

The term hereof shall begin on the date that comes first among: (i) first access to the Site; (ii) your first access of any products or Services; or (iii) Baptist Studios begins providing its Services to you.

The term hereof will automatically end on the earlier date of either your: (i) account deactivation, suspension, freezing or deletion of any products or Services; (ii) access termination or access revocation for our Services, products; (iii) Baptist Studios’ termination of these Terms, at its sole and final discretion; (iv) the termination date indicated by Baptist Studios to you from time to time; or (v) Baptist Studios’ decision to make the Site, the products or the Services no longer available for use, at its sole and final discretion.

No Warranty

Neither Baptist Studios, nor its affiliates, subsidiaries, officers, employees, and agent warranted that the Site, the digital products or the Services will be error-free, uninterrupted, secure, or produce any particular results.  No advice or information was given by Baptist Studios or its employees, affiliates, contractors and/or agents shall create a guarantee.  The Site, the digital products and the Services have not been completely tested in all situations or devices, and they may or will contain operational malfunctions, errors, viruses, bugs, worms, trojan horses, bots and other harmful and destructive components or defects.

To the fullest extent permissible under applicable law, the Site, the digital products, and the Services are provided to you “as is”, with “all faults” and “as available”, without warranty of any kind, without performance assurances or guarantees of any kind, and your use is at your sole risk.  No oral or written advice provided by Baptist Studios, its affiliates, clients, agents, officers, licensors, distributors and/or any authorized representative, shall create any implied warranty, nor will they be responsible for any actions or omissions of yours regarding the use of the digital products and Services, such as incorrect input, format or backup of data and metadata, lost data or corrupted data.

The entire risk of satisfactory quality and performance resides with you. Baptist Studios, and its affiliates, clients, agents, officers, licensors and/or distributors, do not make, and hereby disclaim, any and all express, implied or statutory warranties, either by statute, common law, custom, usage of trade, course of dealing or otherwise, however arising, including implied warranties of description, quality, fitness for a particular purpose, operation, integration, adequacy, suitability, title, non-infringement, non-interference with use and/or enjoyment.

Disclaimer of Damages

In no event shall Baptist Studios, its affiliates, clients, agents, officers, licensors, distributors and/or any authorized third party, be held liable for any special, indirect, incidental or consequential damages, including losses, costs or expenses of any kindresulting from possession, access, use or malfunction of the Site, the digital products or the Services, including but not limited to, loss of revenue, profits, business, loss of use or lack of availability of computer resources; whatsoever arising out of or related thereto, whether arising in tort (including negligence), contract, strict liability or other legal or equitable theoryand whether or not Baptist Studios, its affiliates, clients, licensors and/or distributors have been advised of the possibility of such damages.

Limitation of Liability

In no event shall Baptist Studios’, or its affiliates’, clients’, licensors’ and/or distributors’ liability for all damages (except as required by applicable law) exceed the amount of USD$50.00 (Fifty United States Dollars); and henceforth any award for direct, provable damages shall not exceed such total amount.

These Terms provide you specific legal rights, and you may have other rights that may vary from jurisdiction to jurisdiction.  Legislation of some states/countries does not allow certain limitations of liability, and henceforth this limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.  For purposes of this limitation of liability, Baptist Studios’ affiliates, licensors and distributors are third party beneficiaries to the limitations of liability specified herein and they may enforce these Terms against you.

Indemnification

You hereby agree and acknowledge to indemnify, hold harmless, and defend Baptist Studios, its affiliates, clients, agents, officers, licensors, distributors and/or any authorized representatives, and the officers, directors and employees of each (jointly, the “Baptist Studios’ Indemnitees”) from and against any and all third party liabilities, claims, causes of action, suits, losses, damages, fines, judgments, settlements and expenses (including any and all reasonable outside attorneys’ fees and court costs) which may be suffered, made or incurred by any of such Baptist Studios’ Indemnitees arising out of or relating to: (i) any breach of any warranties, representations and/or covenants made by you hereunder (to the extent not arising substantially from any breach hereof by Baptist Studios); and/or (ii) any third party claim arising out of or in relation to the Site, the products or the Servicesor use thereof in combination with your business platform, including without limitation, any claim that the Site, the products or the Servicesviolate, infringe, or misappropriate any proprietary or intellectual property right of any third party, including without limitation, any privacy right of any person.

Generals

Entire Agreement.  These Terms set forth the entire agreement between the parties hereof and may not be altered or amended except in writing signed by each both parties.

Equitable remedies: You hereby acknowledge and agree that if these Terms are not specifically enforced, Baptist Studios will be irreparably damaged, and therefore you agree that Baptist Studios shall be entitled, without bond, other security or proof of damages, to appropriate equitable remedies with respect to your breach of any of these Terms, in addition to any other available remedies.

Export Controls. You will comply with all applicable export laws and restrictions and regulations of the US Department of Commerce or other the United States or foreign agency or authority, and you will not use the Services to export, or allow any export or re-export services in violation of any such restrictions, laws or regulations.  You represent and warrant to Baptist Studios that you are not a prohibited party or located in, under the control of, or a national or resident of any restricted country, and that you will otherwise comply with all applicable export control laws.  If you reside outside the United States, then in addition to complying with the foregoing, you will comply with any relevant export control laws in your local jurisdiction.

Newsletters. The Site may allow you to subscribe to our newsletter service, which may be provided by us or through an authorized third party.  Through our newsletters, you may receive information according to your subscriber preferences. As our subscriber, you will receive a conspicuous communication indicating any subscription and you will be able to select the amount and type of emails received by you. If you wish to unsubscribe, you will find ‘unsubscribe’ and similar links on our communications.

No Waiver.  Failure by Baptist Studios to enforce any rights hereunder shall not be construed as a waiver of any rights with respect to the subject matter hereof.

No Relationship.  You and Baptist Studios are independent contractors, and no agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by these Terms.

Notices.  All notices and other communications given or made pursuant to these Terms must be in writing and will be deemed to have been given upon the earlier of actual receipt or:  (a) personal delivery to the party to be notified; (b) when sent, if sent by facsimile or electronic mail during normal business hours of the recipient, and if not sent during normal business hours, then on the recipient’s next business day; (c) five days after having been sent by registered or certified mail, return receipt requested, postage prepaid; or (d) one business day after deposit with a nationally recognized overnight courier, freight prepaid, specifying next business day delivery, with written verification of receipt. Each party agrees to receive electronic documents and to accept electronic signatures, which shall thereto be considered valid substitutes for hardcopy documents and hand inked signatures.

Severability.  If any provision of these Terms is held unenforceable, then such provision will be modified to reflect the parties’ intention.  All remaining provisions of these Terms will remain in full force and effect.

No Waiver. Failure by Baptist Studios to enforce any rights hereunder shall not be construed as a waiver of any rights with respect to the subject matter hereof.

Applicable Law, Waiver, Dispute Resolution

Waiver of Class Actions, Non-Individualized Relief.  You acknowledge and accept that claims brought against Baptist Studios shall be only on an individual basis and not as a plaintiff or class member in any possible future class or representative action or similar proceeding.  Unless otherwise agreed by you and Baptist Studios, you may not adjoin or consolidate any claim with more than one person’s; and you may not otherwise supervise or take over any form of a class, representative or consolidated proceeding.

Waiver of Jury Trial.  The parties herein waive their constitutional and statutory rights to go to court and have a trial in front of a judge or a jury, instead electing that all claims and disputes be resolved by a competent judge.

Applicable Law.  Your use of this Site and any cause of action, claim and/or dispute that might arise between the parties hereon, shall be subject to the laws of the State of Texas, United States of America, without regard to conflict of law principles.

Arbitration Procedure.  In the event of any dispute or difference between the parties in relation to or arising from these Terms, including but not limited to the formation, performance, interpretation, nullification, termination or invalidation thereof, the matter shall be referred to the arbitration procedure.

Any arbitration shall be managed by the American Arbitration Association (AAA) under its Commercial Arbitration Rules and Mediation Procedures. The arbitration shall be conducted in the English language in the City of Seagoville, State of Texas, United States of America, in accordance with the provisions set forth in the Rules of the AAA. The arbitral tribunal shall comprise of one (1) arbitrator, appointed by the AAA, who shall preside the arbitral tribunal.  The arbitrator’s decision will follow these Terms and will be final and binding.

The arbitrator will have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of these Terms, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator.  The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof.

If you bring a dispute in a manner other than in accordance with this section, you agree that we may move to have it dismissed and that you will be responsible for our reasonable attorney’s fees, costs, and disbursements in doing so.  The unsuccessful party in any dispute arising from or relating to these Terms will be responsible for the reimbursement of the successful party’s reasonable attorney’s fees, court costs, and disbursements.

Contact

If you have any questions or queries about us, our Site, our Privacy Policy, our Services or these Terms, please contact us at support@baptiststudios.com.

Date of last effective update is May 7, 2018.