ETI Website Terms
- Acceptance of Terms
Welcome to EncounterTruth.com (the “Site”), a website provided by EncounterTruth.com, Inc. (ETI). This Site hosts various virtual meeting rooms known as Venues through which you (the user of this Site) may view live and previously recorded programs (“Programs”) and participate in moderated discussions related to the Programs (“Discussions”).
By using this Site, you agree to these Terms. You may not use the Site if you do not accept these Terms. Any new features or tools that are added to the Site shall also be subject to these Terms.
These Terms may be updated from time to time. Your use of the Site will be governed by the Terms existing at the time of such use.
- ETI Website
These Terms apply to all users of the Site, including visitors and users who contribute content of any type: information, feedback, and/or other materials, skills or services via the Site. The Site may contain links to third party websites that are not owned or controlled by ETI. ETI has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any such third-party websites. In addition, ETI will not, and cannot, censor or edit the content of any third-party site. By using the Site, you expressly release ETI from any and all liability arising from your use of any third-party website.
- Site Access; User Conduct
- ETI hereby grants you a limited, non-exclusive, non-transferable, revocable license to use this Site as set forth in these Terms, provided that: (i) you use the Site only for personal, noncommercial purposes; (ii) you refrain from recording, copying or distributing any part of the Site or any Program or Discussion, in any medium without ETI’s prior written authorization; (iii) you refrain from modifying any part of the Site, other than as permitted according to the Site’s general user interface and the Site’s purpose; and (iv) you otherwise comply with these Terms.
- You may not upload, post, or transmit (collectively, “submit”) any video, image, text, comments, audio recording, or other material (collectively, “content”) that:
- Infringes any third party’s copyrights or other rights (e.g., trademark, privacy rights, etc.);
- Contains sexually explicit content or pornography;
- Contains hateful, defamatory, or discriminatory content or incites hatred against any individual or group;
- Exploits minors;
- Depicts unlawful acts or extreme violence;
- Depicts animal cruelty or extreme violence towards animals;
- Promotes fraudulent or dubious business schemes;
- Subverts any security measures of the Site or provides unauthorized access to the Site; or
- Violates any law.
- When participating in Discussions, you will not:
- Act in deceptive manner by, among other things, impersonating any person or purporting to act on behalf of any party;
- Harass or stalk any other person;
- Harm or exploit minors;
- Distribute “spam”;
- Collect information about others; or
- Advertise or solicit others to purchase any product or service within the Site.
ETI has the right, but not the obligation, to monitor all conduct on and content submitted to the Site. An ETI Moderator has the right to remove you from any moderated discussion for any reason whatsoever.
- You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” “offline readers,” or similar tools, that access the Site in a manner that sends more request messages to the Site 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, ETI grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. ETI 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, without limitation, account names, from the Site, nor to use the communication systems provided by the Site for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of this Site with respect to their User Submissions (as defined herein).
- In order to access some features of the Site, you will have to create an account. You may not use another user’s account without permission from ETI. 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 ETI immediately of any breach of security or unauthorized use of your account. (Please contact [email protected] to report any problems.) Although ETI will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of ETI or others due to such unauthorized use.
- You may subscribe to features of the Site as follows:
- Basic Service – for a flat per-month fee, you will have access to one program per calendar month from each of the venues on the ETI Site in the basic room.
- Add-On Service – for a flat per-month, per-Venue fee, you gain access to all live programs in that Venue (including access to their archived programs) for which such fee is paid.
- Unless you subscribe for a longer term, your subscription will continue on a month-to-month basis.
- Cancellations. All purchases are final, and all fees paid are non-refundable, even if your account is later terminated by ETI. If your account is terminated due to your breach of this Agreement, you will not be eligible for any refund. If you have any questions, please contact us at [email protected].
- Renewals. By default, all subscriptions are set to automatically renew month to month, or otherwise for the same period of time as the original subscription. You may decline to renew at any time prior to the commencement of a renewal subscription. ETI reserves the right to deny subscriptions, renewals, and other purchases for any reason.
- Terms & Termination; Modification
This Agreement begins on the date you first use this Site and continues as long as you have an account with us or otherwise use the Site. These terms and conditions are subject to change. In the event of a change, a notice will be posted on the Site’s homepage informing users of such changes. If you disagree with the changes that have been made, you should not sure the Site.
If you are concerned about these terms and conditions of use, you should read them each time before you use our website. Any questions or concerns should be brought to our attention by sending an e-mail to [email protected], and providing us with information relating to your concern.
ETI may delete your account thereby terminating your license to use and access to the Site for any reason without giving you notice.
ETI relies on third parties to provide certain Content, Features and Functions. The Site or any Content may become temporarily or permanently unavailable at any time and without notice. If the Site or any Content becomes unavailable for an extended time, then ETI may notify you and suspend access to the Site until such time as the Site becomes fully available or functional.
- Intellectual Property Rights
- All content provided through the Site, including without limitation, the text, software, scripts, graphics, photos, sounds, music, comments (including User Submissions of other Site users), videos, and interactive features (together “Content”) and all intellectual property rights disclosed and embodied therein (“Marks”), are owned by ETI or its licensors, and are subject to copyright and other intellectual property rights under United States and foreign laws and international conventions.
If you believe that your intellectual property rights have been infringed upon by any Content, please see our DMCA Policy for more instructions.
- Content on the Site is provided to you AS IS for your information and personal use only and may not be used, recorded, copied, reproduced, distributed, transmitted, broadcasted, displayed, sold, licensed, modified, framed in another website, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners of the Content. ETI reserves all rights not expressly granted in and to this Site and the Content. Any requests to use our content should be submitted to use by e-mail to [email protected].
- You agree not to circumvent, disable or otherwise interfere with security related features of the Site or features that prevent or restrict use, recording or copying of any Content or enforce limitations on use of the Site or the Content therein.
- User Submissions
- The Site may now or in the future permit the submission of videos, photos, comments, and other forms of media, submitted by you or other users (“User Submissions”) and the hosting, sharing, importing, editing, modifying, aggregating, remixing, and/or publishing of such User Submissions. You understand that whether or not such User Submissions are published, ETI DOES NOT GUARANTEE ANY CONFIDENTIALITY with respect to any submissions.
- You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents and permissions, patents, trademarks, trade secrets, copyrights or proprietary rights to use and authorize ETI, and other users of the Site to include and use your User Submissions in the manner contemplated by the Site and these Terms; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submissions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the Site and these Terms.
- You hereby grant to ETI a non-exclusive, worldwide, royalty-free, fully-paid up, irrevocable, perpetual right to use, store, modify, publish, copy, distribute, broadcast, perform, transmit, sell, license, translate, transform and otherwise fully exploit any User Submissions that you provide ETI, without any attribution or accounting to you.
- You further agree that you will not: (i) 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 ETI all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage ETI or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or that encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business; or (v) impersonate another person or purport to act on behalf of any other party.
- ETI does not endorse any User Submissions or any opinion, recommendations, or advice expressed therein, and ETI expressly disclaims all liability in connection with User Submissions. ETI reserves the right to remove Content and User Submissions without prior notice. ETI may also terminate a User’s access to the Website and/or Service if ETI concludes, in its sole discretion, that such User is a repeat offender. A repeat offender is a User who has been notified of intellectual property right infringing or otherwise improper activity more than twice and/or has had User Submissions removed from the Website more than twice. ETI also reserves the right to decide whether Content or User Submissions is appropriate and complies with these Terms for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. ETI may remove such User Submission and/or terminate a User’s access for uploading such material in violation of the Terms at any time, without prior notice and at its sole discretion.
- If you believe that your work has been copied and is accessible on the Site in a way that constitutes copyright infringement in the United States, you may notify us by providing the following in writing:
- Identification of the copyrighted work that you claim has been infringed;
- Identification of the material that is claimed to be infringing and information reasonably sufficient to permit ETI to locate the material;
- Your name, address, telephone number, and email address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- A statement, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf. The above writing must be electronically or physically signed by you as the owner of the content claimed to be infringed or the owner’s authorized agent. If ETI receives such a claim, it may remove or disable access to the allegedly infringing material, or terminate the applicable user’s account in accordance with this Terms. The designated agent to receive notification of claimed infringement under the Digital Millennium Copyright Act of 1998 is Kat Rowoldt, [email protected].
- If you believe that a notice of infringement has been improperly submitted against you, you may submit a counter-notice, electronically or physically signed by you, and containing the following:
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
- Your name, address, telephone number;
- A statement, made under penalty of perjury, that you have a good faith belief that the removal of the material was a mistake or misidentified; and
- A statement that you consent to the jurisdiction of Federal District Court (i) in the judicial district where your address is located if the address is in the United States, or (ii) for the Northern District of Texas, if your address is located outside the United States, and that you will accept service of process from the complainant submitting the infringement notice or his/her authorized agent.
- Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE SITE SHALL BE AT YOUR SOLE RISK. THE INFORMATION ON THE SITE IS PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, ETI, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND/OR SERVICE AND YOUR USE THEREOF. ETI MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THE WEBSITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OF FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE OR SERVICE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE OR SERVICE BY ANY THIRD PARTY, AND/OR (VI) ANY ERROS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THIS SITE. ETI DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THIS SITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND ETI WILL NOT BE A PARTY TO OR IN ANY WAY BY RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
- Limitation of Liability
IN NO EVENT SHALL ETI, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION AS MAY RESULT FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE (III) ANY UNAUTHORIZED ACCESS TO OR USE OF ETI’S SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTIONS OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE OR SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ETI’S TOTAL AGGREGATE LIABILITY TO YOU ARISING OUT OF THE SITE SHALL BE LIMITED TO THE ACCOUNT OF ANY FEES PAID BY YOU TO ETI, IF ANY. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT ETI WILL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, INFRINGING, OFFENSIVE, OR OTHERWISE ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
You agree to defend and indemnify ETI, its subsidiaries, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees) arising from: (i) your use of and access to the Site; (ii) your violation of any term of these Terms; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your User Submissions caused damage to a third party. This defense and indemnification obligation shall survive the termination and/or expiration of these Terms.
- Ability to Accept Terms
You affirm that you are either more than 18 years of age, an emancipated minor, or that you possess legal parental or guardian consent, and that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. In any case, you affirm that you are over the age of 13, as the Site is not intended for children under the age of 13. If you are under 13 years of age, then please do not use the Site.
The Terms, and any rights and licenses granted herein, may not be transferred or assigned by you, buy may be assigned by ETI without restriction.
- Governing Law; Disputes; Jurisdiction
This agreement shall be interpreted, construed and governed according to the internal substantive laws of the State of Texas without giving effect to the principles of conflicts of law. Except as may be otherwise provided herein, you irrevocably submit to the jurisdiction of the state and federal courts in San Angelo, Texas, and waive all arguments of forum non conveniens.
All notices, requests, demands, directions and other communications (collectively “notices”) required or permitted under this Agreement shall be in writing and shall be sent by first-class U.S. mail, or by nationally-recognized overnight courier (with confirmation in writing mailed first-class or sent by such an overnight courier), or by personal delivery. All notices shall be sent to the applicable party, in all cases with postage or other charges prepaid. Any such properly given notice shall be effective on the earliest to occur of receipt, telephone confirmation of receipt of telecopy communication, one (1) business day after delivery to a nationally-recognized overnight courier, or three (3) business days after deposit in the U.S. mail.
- Entire Agreement
This agreement constitutes the entire understanding between ETI and you concerning the subject matter hereof and supersedes all prior agreements and understandings regarding the same.