Media Download Agreement

[Media Download Agreement – 2015]

Terms of sale: Media Download Agreement

THESE TERMS OF SALE CONSTITUTE A BINDING LEGAL AGREEMENT BETWEEN YOU AND ANSWERS IN GENESIS, INC. ("ANSWERS IN GENESIS") REGARDING THE TERMS OF SALE OF MEDIA THROUGH ANSWERSBOOKSTORE.COM OR ANSWERSINGENESIS.ORG (“Online Store”). YOU MUST ACCEPT AND ABIDE BY THESE TERMS AS PRESENTED HEREIN. NO CHANGES SHALL BE ACCEPTED. ANSWERS IN GENESIS MAY PROHIBIT ACCESS TO ANSWERSBOOKSTORE.COM OR ANSWERSINGENESIS.ORG FOR NONCOMPLIANCE WITH THE TERMS OF THIS AGREEMENT.

Purchase and use of the media offered for sale through the Online Store requires Internet access and one or more devices capable of downloading and playing the purchased media. Your ability to download and play media may be affected by the performance of your hardware, software, and Internet access. You agree that these system requirements are your responsibility. Your purchasing, or otherwise obtaining, any other product in order to meet these system requirements does not guarantee your access to media for sale through the Online Store.

The Online Store accepts the following credit cards as forms of payment: Visa, MasterCard, American Express, and Discover. You agree that Answers in Genesis may obtain a pre-approval from your credit card company for the amount up to the amount of your order. Answers in Genesis will charge your credit card at the time of purchase, or shortly thereafter.

Answers in Genesis will charge you sales tax based on the billing address you provide and the rates in effect at the time of purchase. In the event the sales tax rate changes prior to your downloading of purchased media, the new tax rate will apply. Answers in Genesis will only charge tax in states where digital goods are taxable.

You must limit your use of the media you purchase from the Online Store to personal, non-commercial use, or (with respect to Answers in Genesis-branded titles only) to use non-commercially within your local church organization, if purchased for such purpose. Any redistribution, transfer, assignment, or sublicense of the purchased media to or for anyone else is strictly prohibited. You are permitted to export, burn, or copy the purchased media only for personal, non-commercial use by you, and your immediate family members, that reside in your household, or (with respect to Answers in Genesis-branded titles only) for non-commercial use by pastors and teachers within your local church organization, if purchased for local church use. You may not otherwise loan, distribute, sell, or create derivative works based on the media you purchase, or otherwise download or obtain at or through the Online Store. The usage permitted herein does not constitute a waiver of any rights of the copyright owner(s) of the purchased media. Your rights under this purchase are not assignable and not delegable.

The media products offered for sale through the Online Store contain proprietary information and material that is owned by Answers in Genesis and/or its licensors. These products are protected by intellectual property, and other, laws. Any usage of the purchased media beyond what is explicitly authorized herein may constitute copyright infringement or violate other laws.

Answers in Genesis reserves the right to remove, add, or alter its selection of media, or raise or lower its prices for such media without notice or liability. In the event media you purchased, but have not downloaded, becomes unavailable, Answers in Genesis will refund your payment; this refund will be your sole recourse.

In the event technical problems delay or prevent downloading or usage of your purchased media, your sole and exclusive remedy will be either replacement of the purchased media or refund of your purchase price, at the sole discretion of Answers in Genesis.

ANSWERS IN GENESIS WARRANTS THAT IT WILL MAKE BEST EFFORTS TO PROVIDE MEDIA PRODUCTS ACCORDING TO THIS AGREEMENT. ANSWERS IN GENESIS DOES NOT WARRANT THAT YOUR USE OF THE ONLINE STORE OR THE PURCHASED MEDIA WILL BE CONTINUOUS AND WITHOUT ERROR. ANSWERS IN GENESIS DOES NOT WARRANT THAT THE ONLINE STORE OR THE PURCHASED MEDIA ARE FREE FROM VIRUSES, HACKING, OR OTHER SECURITY INTERFERENCE AND DISCLAIMS ANY LIABILITY RELATING TO SUCH ACTIVITIES. NEITHER ANSWERS IN GENESIS NOR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, OR REPRESENTATIVES SHALL BE HELD LIABLE FOR ANY HARM TO YOU OR ANY THIRD PARTY RESULTING DIRECTLY, OR INDIRECTLY, FROM YOUR USE OF THE PURCHASED MEDIA.

THE FULL EXTENT OF ANSWERS IN GENESIS'S LIABILITY TO YOU FOR YOUR PURCHASE, DOWNLOADING, AND USAGE OF THE PURCHASED MEDIA IS THE PURCHASE PRICE FOR SUCH MEDIA.

Answers in Genesis will make reasonable efforts to protect information submitted by you in connection with your purchase. You acknowledge, however, that your submission of information is at your sole discretion. Answers in Genesis disclaims any liability to you for any loss relating to such information.

Notice: Answers in Genesis may contact you with respect to your purchase, or use of the Online Store, by sending an email to the address listed in your contact information, or by sending a letter by mail to your mailing address listed in your contact information. Offers of sales, incentives, rebates, and other online advertising information will be done through email or print mail, using the email and address provided in the account set-up process. Your addresses will be kept confidential and only used for the related purposes of your customer experiences with the Online Store. You can remove yourself from Answers in Genesis’s email lists at any time through a link provided within each such email.

Answers in Genesis believes that the Bible teaches people to make every effort to live at peace and to resolve disputes with each other in private or within the Christian church (see Matthew 18:15-20; 1 Corinthians 6:1-8). Therefore, as a condition of this purchase, you agree that any claim or dispute you may have with Answers in Genesis, its licensors and/or content providers arising from, or related to, this agreement, and/or your purchase, shall be settled by biblically-based mediation and, if necessary, legally binding arbitration in accordance with the Rules of Procedure for Christian Conciliation of the Institute for Christian Conciliation, a division of Peacemaker Ministries (complete text of the Rules is available at www.Peacemaker.net). Judgment upon an arbitration decision may be entered in any court otherwise having jurisdiction. You understand that these methods shall be the sole remedy for any controversy or claim you might have arising out of this agreement, and you expressly waive your right to file a lawsuit in any civil court against Answers in Genesis, its licensors, and/or its content providers, except to enforce an arbitration decision. Any such mediation or arbitration is required to take place in Boone County, Kentucky.

Your use of and purchase from the Online Store constitutes acknowledgement of your ability to enter into agreements and make electronic purchases. Your electronic submissions constitute your agreement and intention to be bound by this agreement.

These Terms of Sale constitute the entire agreement between you and Answers in Genesis, and govern your downloading and use of media from the Online Store. You may also be subject to additional terms for your usage of the Answers in Genesis web site. If any part of this agreement is deemed invalid or unenforceable, that part shall be construed to reflect, as nearly as possible, the parties' intentions and the remaining portions shall remain in full force and effect. Answers in Genesis’s failure to enforce any term of this agreement shall not constitute a waiver.

AS AN ESSENTIAL PART OF THIS AGREEMENT, YOU PROMISE NOT TO COPY, SHARE, OR DISTRIBUTE THE CONTENT YOU PURCHASE THROUGH THE ONLINE STORE, EXCEPT AS EXPRESSLY PERMITTED IN THIS AGREEMENT.