Terms and conditions
Summary of the important bits
Content providers retain ownership of their content but license it to Resonate |
Content from the site is for personal use only |
Content providers take responsibility for their own content |
Users take responsibility for their use of the content |
1.0 Terms Of Use
1.1 The terms of use are the terms on which Resonate offers you access to the Services and the Website. By using and/or visiting the Website you accept these terms of use. If you do not accept these terms of use, you must refrain from using the Website.
2.0 Use of Website
2.1 Resonate (and its licensors or suppliers, as the case may be) owns all proprietary and intellectual property rights in the Website, the Content and the software and other material underlying and forming part of the Services and the Website. Resonate reserves all rights not expressly granted in and to the Website and the Content.
2.2 Resonate hereby grants you permission to access the Website and the content solely for Permitted Uses as set forth in these terms of use. You may not without our prior written permission, in any form or by any means adapt, reproduce, copy, store, distribute, print, display, perform, publish or create derivative works from any part of the Website; or commercialise, copy, or on-sell any information or Content obtained from any part of this Website.
2.3 Resonate reserves the right to discontinue any aspect of the Resonate Website at any time.
2.4 You agree not to circumvent, disable or otherwise interfere with security-related features of the Resonate Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Resonate Website or the Content therein.
2.5 You must not damage, interfere with or harm the Website or Services, or any network, or system underlying or connected to them, or attempt to do so. You must not use the Website or the Content in any way that is intended to or likely to cause harm or bring any form of disrepute to Resonate or the producer of the relevant Content.
2.6 You must not use part only of any Content in such a way as to change the meaning of the Content, intentionally or unintentionally.
2.7 You must not use the Services or the Website to promote Content for sale outside the Website.
2.8 You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Website in a manner that sends more request messages to the Resonate servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, Resonate grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. Resonate reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website (e.g. comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their Content.
2.9 You understand that when using the Resonate Website, you will be exposed to Content from a variety of sources, and that Resonate is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Resonate with respect thereto, and agree to indemnify and hold Resonate, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.
3.0 Content Supplier Terms
3.1 You agree not to use the Website for any commercial use, without the prior written authorization of Resonate.
3.2 Prohibited commercial uses include any of the following actions taken without Resonate's express approval:
(a) sale of access to the Website or its related services on another website;
(b) use of the Website or its related services, for the primary purpose of gaining advertising or subscription revenue;
(c) the sale of advertising, on the Resonate website or any third-party website, targeted to the content of specific Content; and
(d) any use of the Website or its related services that Resonate finds, in its sole discretion, to use Resonate's resources or Content with the effect of competing with or displacing the market for Resonate or the Content.
3.3 You must not submit anything that is illegal, offensive (including anything of a defamatory, pornographic, or racially objectionable nature), or anything which infringes copyright or other intellectual property rights. You agree that Resonate may disclose your personal information, including your name and contact details, to the relevant authorities, parties and/or the applicable intellectual property right holders (or their representatives) if we consider that you are in breach of this clause at any time.
3.4 Content is not pre-screened by Resonate. Resonate reserves the right to remove any Content that it deems unsuitable or in breach of the terms of use.
3.5 You shall be solely responsible for your own Supplier Content and the consequences of posting or publishing it. In connection with Supplier Content, you affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize Resonate to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all Supplier Content to enable inclusion and use of the Supplier Content in the manner contemplated by the Website and these Terms of use.
3.6 For clarity, you retain all of your ownership rights in your Supplier Content. However, by submitting Supplier Content to Resonate, you hereby grant Resonate a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Supplier Content in connection with the Resonate Website and Resonate's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Resonate Website (and derivative works thereof) in any media formats and through any media channels.
3.7 You also hereby grant each user of the Resonate Website a non-exclusive license to access your Supplier Content through the Website, and to use such Supplier Content as permitted through the functionality of the Website and under these Terms of Use.
3.8 You agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Resonate all of the license rights granted herein.
3.9 You further agree that you will not, in connection with Supplier Content, submit material that is contrary to the Resonate Content Guidelines, which may be updated from time to time, or contrary to applicable local, national, and international laws and regulations.
3.10 Resonate does not endorse any Supplier Content or any opinion, recommendation, or advice expressed therein, and Resonate expressly disclaims any and all liability in connection with Supplier Content. Resonate does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and Resonate will remove all Content and Supplier Content if properly notified that such Content infringes on another's intellectual property rights. Resonate reserves the right to remove Content without prior notice.
4.0 Resonate Accounts
4.1 In order to access some features of the Website, you will have to create a Resonate account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Resonate immediately of any breach of security or unauthorized use of your account.
4.2 Although Resonate will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Resonate or others due to such unauthorized use.
4.3 Resonate reserves the right to decline to register or to terminate your account without entering into further discussions with you. Without limiting the foregoing, Resonate may terminate your membership if a serious complaint or multiple complaints are received about you from other members, if you breach these terms of use, if you impersonate another member, or if we, at our sole discretion, deem your behaviour to be unacceptable.
4.4 Resonate will send you emails relating to your membership, and for promoting and marketing other Resonate products and services to you. Resonate may also send regular electronic newsletters to members. Newsletters will contain clear and obvious instructions for how you can unsubscribe from the mailing list.
5.0 Disclaimer of Liability
5.1 Resonate provides a website to help Supplieres and related organisations preserve and widely distribute sermons and other material. Resonate is not necessarily involved in preparing Content on the Website other than by providing our Website as a venue for storing and distributing Content.
5.2 Your use of the Services and Website is at your sole risk. The Website and Services are provided on an "as is" and "as available" basis. To the maximum extent permitted by law, Resonate disclaims and excludes all implied conditions or warranties, including, but not limited to, any warranties of merchantability, fitness for a particular purpose, and non-infringement.
5.3 Resonate does not warrant that:
(a) The services provided will be uninterrupted, timely, secure, or error free; or
(b) Any information (including feedback) provided on the Website is error-free or reliable;
5.4 Resonate takes no responsibility for any system unavailability, or for any loss that is incurred as a result of Website or Services being unavailable. Further, Resonate assumes no responsibility for the corruption of any data or information held by Resonate.
5.5 No advice or information that is obtained by you from Resonate or anyone else shall create any warranty by Resonate that is not expressly stated in the terms of use; and
5.6 You agree that, to the maximum extent permitted by law, any and all liability and responsibility of Resonate and its officers, employees and agents to you or any other person under or in connection with these terms of use, or in connection with the Services, Website, another Member's acts or omissions, or your use of or inability to use, the services or this Website, is excluded regardless of whether such liability arises in contract, tort (including negligence), equity, breach of statutory duty or otherwise. Resonate's (and its officers, employees and agents’) liability and responsibility is excluded in respect of any and all loss or damage, whether direct or indirect, including, without limitation, loss of profits, loss of data, loss of business or anticipated savings, general and special damages, and consequential and incidental loss.
5.7 Without limiting any other rights and remedies available to Resonate, Resonate may limit your activities on the Website, remove your Content, warn other members of your actions, issue a warning to you, suspend or terminate your membership, or refuse to provide our Services to you if you breach these terms of use or where Resonate considers it appropriate.
6.0 General
6.1 If we do not exercise or enforce any right available to us under these terms of use, it does not constitute a waiver of those rights.
6.2 If any provision of these terms of use becomes or is held to be invalid, unenforceable or illegal for any reason, and in any respect, that provision shall be severed from the remaining terms of use, which shall continue in full force and effect.
6.3 These terms of use are governed by the laws of New Zealand. You submit to the non-exclusive jurisdiction of the Courts of New Zealand.
6.4 Entire agreement: These terms of use supersede all previous conditions, understandings, commitments, agreements and representations whatsoever whether oral or written, and constitutes the entire agreement, between the parties, relating to the subject matter of these terms of use.
6.5 Resonate collects personal information about you through your use of the Services and the Website, including:
(a) your registration details; and
(b) information relating to your use of the Website and the content you access.
6.6 You agree that Resonate may use this personal information to assist us to provide the Services to you, for internal research purposes, to verify your identity, for promoting and marketing other Resonate products and Services to you, and for any other use that you authorise.
6.7 We will not sell or allow third parties to access your personal information without your consent. We release account and other personal information only when we believe release is appropriate to comply with law; facilitate court proceedings; enforce or apply our terms of use; or protect the rights, property, or safety of Resonate, our users, or others.
6.8 These terms of use may be amended in whole or in part by Resonate from time to time. Amendments will be effective immediately upon posting of the amended terms of use on this Website. You are responsible for ensuring you are familiar with the latest terms of use. Your continued use of the Services represents your agreement to be bound by the terms of use as amended.
6.9 These terms of use were last updated 6 March 2009.
7.0 Definitions
7.1 In these terms of use, unless the context otherwise requires, the following expressions have the meanings set out:
(a) "Supplier" means a Supplier or other organisation that has registered with Resonate to submit Supplier Content to the Website.
(b) "Content" means the content on the Website including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like.
(c) "Member" means a registered member of Resonate.
(d) "Permitted Uses" means:
(i) Personal, non-commercial use of Content on the Website;
(ii) Downloading and storing the Content for personal, non-commercial use;
(iii) Giving copies of download content to other individuals for personal, non-commercial use;
(iv) Use of content on the website or in downloaded form in non-commercial small group teaching settings with not more than thirty persons in attendance.
(e) "Resonate" means Christian Resource Centre International.
(f) "Services" means any one or more of the services offered by Resonate from time to time, including providing access to the Website and any other service that Resonate may offer.
(g) "Supplier Content" means Content that is submitted to the Website by a Supplier or other member organisation.
(h) "We", "us" and "our" are a reference to Resonate.
(i) "You" and "your" are a reference to you.
(j) "Website" means any Resonate website through which the services are offered.
Content providers retain ownership of their content but license it to Resonate
Content from the site is for personal use only
Content providers take responsibility for their own content
Users take responsibility for their use of the content