TERMS AND CONDITIONS OF USE
Please read the following terms and conditions of web site use (“Terms and Conditions”) carefully before accessing or using this product site as they represent a binding agreement between you (either an individual or a single entity) and Icon Distribution, Inc. (“ID”). Your access to and use of www.thepassionofthechrist.com and any other domain names registered by ID and its associates which point to this web site, together with all of the information and materials available on such web site (collectively the “Site”) is subject to these Terms and Conditions and all applicable laws. By accessing and using the Site, you agree to be bound, without limitation or qualification, by these Terms and Conditions and the, Privacy and Security Policy, legal notices and all disclaimers and terms and conditions that appear elsewhere on the Site and that you are responsible for compliance with all applicable laws. If you do not understand or do not agree to these terms, please do not use the Site.
You agree that these Terms and Conditions and any document incorporated by reference or referred to in these Terms and Conditions constitute the entire agreement between you and ID pertaining to the subject matter and supersedes, terminates or otherwise renders null and void all prior agreements, if any.
ID may, in its sole discretion and at any time revise these Terms and Conditions by updating this posting without notice to you. You are bound by any such revisions and should therefore periodically visit this page to review the then current Terms and Conditions to which you are bound. If you access, browse or use the Site after the Terms and Conditions are revised, ID will assume that you have reviewed and accepted the revised terms. The date these Terms and Conditions were last revised is set out at the end of this document.
ID maintains the content of the Site for your personal entertainment, information, education, and communication. Provided that you accept and comply with the Terms and Conditions, you have the limited right to access and use the Site to view the various material, including information, documents and other content on the Site and to copy, download or print a single copy of any of the information and materials available on it, solely for your non-commercial, personal use and not for resale or distribution to anyone else, provided you also maintain all copyright and other proprietary notices on each copy of reproduced material. You may not copy, reproduce, download, upload, post, transmit, translate, modify, distribute, sell, rent, license, transfer, mirror, frame or create derivative works of the Site, in whole or in part, in any form or by any means. The foregoing authorization does not apply with respect to the design or layout of the Site.
ID reserves the right to restrict, suspend or terminate your access to all or part of the Site at any time and for any reason; however, ID assumes no obligation to do so. The provisions of these Terms and Conditions concerning the ongoing interests of the parties shall continue and survive in full force and effect following any such termination.
The Site and all content provided on the Site are protected by copyright, trademark and other intellectual property and proprietary rights laws, and are owned, controlled and/or licensed by ID and/or its subsidiaries, affiliates and related companies. In particular, ID owns a copyright in the Site as a collective work and/or compilation, and in the selection, coordination and arrangement of the information and materials available on the Site. The trademarks, logos, and other names displayed on the Site are registered and unregistered trademarks of ID and others. Nothing contained on the Site should be considered as granting, by implication, estoppels, custom, usage or otherwise, any license or right to use any trademarks, logos, or other names, including, but not limited to, those identifying ID and/or its subsidiaries, affiliates and related companies or their respective products and services displayed on the Site, without the express written consent of ID or such other party that may own such trademarks, logos and other names. Your misuse of the trademarks, logos and other names displayed on the Site and any other content on the Site, except as provided in these Terms and Conditions, is strictly prohibited. You are advised that ID will aggressively enforce its rights to the fullest extent of the law, including, where appropriate and available, the seeking of criminal prosecution.
ID neither warrants nor represents that your use of materials displayed on the Site will not infringe rights of third parties not owned by or affiliated with ID. In particular, where information on the Site is based on content from third parties, ID is not responsible for such content.
Images of people or places displayed on the Site are either the property of, or used with permission by, ID. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Terms and Conditions or specific permission provided elsewhere on the Site. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
Although ID has endeavored to create a secure and reliable site, please be advised that the confidentiality of any communication or information transmitted over the Internet cannot be guaranteed. Consequently, ID is not responsible for the security of any communication or information transmitted via the Internet, the accuracy of the information contained on the Site, or the consequences of any reliance on such information. You must make your own determination as to these matters.
The Site may contain links to third-party web sites that are not under our control or operation. ID provide any such links only as a convenience and in providing them ID is in no way acting as a publisher or disseminator of the material contained. ID has not reviewed all of the sites linked to the Site and is not responsible for the content of any non-ID off-site pages or sites linked to the Site or for any changes or updates to any such sites. Your linking to any such off-site pages or sites is at your own risk. The inclusion of any link does not imply our affiliation with, or our endorsement or adoption of, the linked site, that party or its product(s) or service(s), any third-party site linked to that site, or any information contained on any such sites and does not mean that ID is legally authorized to use any trade mark, trade name, logo or copyrighted symbol that may be reflected in the link or the description of the link to such other sites.
Although ID may from time to time monitor or review discussions, chats, postings, transmissions, bulletin boards, and the like on the Site, ID is under no obligation to do so and assumes no responsibility or liability arising from the content of any such locations nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such locations on the Site. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability or otherwise violate any law. ID will fully cooperate with any law enforcement authorities or court order requesting or directing ID to disclose the identity of anyone posting any such information or materials.
ID makes no representation that materials in the Site are appropriate or available for use outside The United States of America.
Software from the Site is further subject to United States Export Controls. No software from the Site may be downloaded or exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the United States has embargoed goods; or (ii) to anyone on the United States Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using the software, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list.
THE SITE IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS AND, ACCORDINGLY, ID MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS, STATUTORY, ORAL OR IMPLIED. YOU EXPRESSLY AGREE THAT YOUR USE OF (OR THE INABILITY TO USE) THE SITE IS AT YOUR SOLE RISK. YOU AGREE THAT YOUR SOLE REMEDY IN THE EVENT OF ANY PROBLEM WITH THE SITE IS TO CEASE USING THE SITE.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ID DISCLAIMS ALL WARRANTIES, CONDITIONS AND GUARANTEES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR INFRINGEMENT OF THIRD PARTY RIGHTS.
ID DOES NOT GUARANTEE THAT YOU WILL HAVE CONTINUOUS, UNINTERRUPTED, OR SECURE ACCESS TO THE SITE, OR THAT THE SITE WILL BE ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. ID ALSO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGE TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, OR USE OF, THE SITE OR YOUR DOWNLOADING OF ANY MATERIALS, INCLUDING BUT NOT LIMITED TO DATA, TEXT, IMAGES, VIDEO, OR AUDIO, FROM THE SITE.
NEITHER ID NOR ITS SUBSIDIARIES, AFFILIATES AND RELATED COMPANIES, NOR EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR CONSULTANTS SHALL BE LIABLE FOR ANY LOSS OR INJURY OR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR ECONOMIC DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OF SAVINGS, DAMAGES FROM LOST DATA, LOSS OF OR DAMAGE OF SOFTWARE OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF OR IN ANY WAY CONNECTED TO YOUR ACCESS TO, OR USE OF, OR INABILITY TO USE, THE SITE, OR ANY LINKS TO OTHER SITES MADE AVAILABLE ON THE SITE OR THE CONTENT CONTAINED ON SUCH SITE(S), WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ID HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Some jurisdictions do not allow limitations or exclusions on implied warranties or on the duration of such warranties or on the limitation or exclusion of consequential damages so the above limitations or exclusions may not apply to you. This limited warranty gives you specific legal rights. You may have other rights that may vary from one state, province or country to another.
You agree to defend, indemnify and hold ID and its subsidiaries, affiliates and related companies, and each of their respective officers, directors, employees, agents and consultants harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to arising out of: (i) your breach of any provision of the Terms and Conditions or any applicable law or proprietary or privacy right in connection therewith; or (ii) your use of the Site and/or the content contained in the Site.
The Site is intended for use by adults. The Site is not directed for use by individuals under the age of 13. Users under the age of 13 should get the approval and assistance of a parent of guardian to use the Site.
These Terms and Conditions and all matters relating to your access to, and use of, the Site shall be construed in accordance with the laws of the State of California and the United States of America without regard to any conflict of law provisions. The parties specifically disclaim application of the United Nations Convention on Contracts for the International Sale of Goods. Any dispute arising under these Terms and Conditions or in connection with the Site shall be resolved exclusively by mandatory arbitration.
Non-United States Residents
ID makes no representation that the Site Materials, including merchandise offered for sale on the Site and their copyrights, trademarks, patents, and licensing arrangements, are appropriate or available for use in locations other than the United States of America. Those who choose to access the Site from locations outside of the U.S.A. do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent local laws are applicable. With respect to shipments of merchandise to consumers, wherever they may reside, title to the merchandise and risk of loss shall pass to the buyer upon delivery of the merchandise to the common carrier.