Last modified: July 8, 2021
Thank you for visiting BSF! We hope you will find our websites and applications informative and easy to use.
PLEASE READ THIS AGREEMENT CAREFULLY AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS, INCLUDING VARIOUS LIMITATIONS AND EXCLUSIONS.
Bible Study Fellowship, a California not-for-profit corporation, and or its affiliates (collectively, “BSF”, “we”, “us”, or “our”) are pleased to provide you (also referred to herein as “I”) access to certain BSF applications, software, mobile applications, social media profiles, messaging applications, video conferencing services, in-person services, software enabled services, interfaces, tools, and payment platforms, which may include BSF classes or groups (the “BSF Groups”), BSF Online, Word in the City, WordGo, the WordGo App, and the BSF App (collectively, the “BSF Applications”), whether or not provided on or through the BSF websites, subject to your agreement to comply with these terms and conditions (the “Agreement”).
BY ACCESSING OR USING THE BSF APPLICATIONS OR BSF MATERIALS (DEFINED BELOW), YOU ACCEPT AND AGREE TO BE BOUND BY THIS AGREEMENT AS UPDATED FROM TIME TO TIME. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT OR ARE UNWILLING TO ABIDE BY ANY TERM OR CONDITION, DO NOT ACCESS OR USE THE BSF APPLICATIONS. ACCORDINGLY, YOUR ACCEPTANCE OF THIS AGREEMENT OR USE OF THE BSF APPLICATIONS CONSTITUTES ACCEPTANCE OF THESE TERMS AND CONDITIONS AND GIVES RISE TO A BINDING LEGAL AGREEMENT BETWEEN BSF AND YOU GOVERNING YOUR USE OF THE BSF APPLICATIONS. BY ACCESSING OR USING THE BSF APPLICATIONS, YOU HEREBY AGREE AND REPRESENT AS FOLLOWS:
1: I Understand that BSF May Change this Agreement.
BSF reserves the right, at our sole discretion, to change, modify, update, add, or delete portions of this Agreement at any time and without any further notice to you. You, however, may not amend this Agreement unless the amendment is in writing and signed by both you and BSF.
It is your responsibility to regularly check for changes to this Agreement and to review such changes at https://www.mybsf.org/terms-of-use. All changes to this Agreement are effective immediately when we post them and apply to all access to and use of the BSF Applications thereafter. Any changes to the dispute resolution provisions, however, will not apply to any dispute for which the parties have notice before the date the new version of this Agreement is posted.
Your continued access or use of the BSF Applications after any such changes constitutes your acceptance of the new Agreement. Your written approval is not a prerequisite to the validity or enforceability of this Agreement, and no solicitation of such written approval by or on behalf of BSF shall be construed as an inference to the contrary.
2: I Understand that this Agreement is Effective Until Terminated.
This Agreement is effective until terminated. We can terminate your access to the BSF Applications at any time, with or without notice. Your rights under this Agreement will terminate automatically without notice from BSF if you fail to comply with any of the terms, conditions, or guidelines of this Agreement. We may also remove any User Content (as defined below) that you post without cause and without notice to you. Provisions of this Agreement, however, that require or contemplate performance after the termination of this Agreement shall survive and be enforceable after the termination of this Agreement.
You may terminate this Agreement by providing written notice to BSF of your decision to terminate and by ceasing to use the BSF Applications, including your user account. Your decision to terminate the Agreement will be effective 30 days after we receive your written notice. BSF contact information is provided at the end of this Agreement.
Upon the termination of this Agreement, you shall cease all use of the BSF Applications. In the event that your rights to use the BSF Applications are terminated, you may immediately lose access to any information that may be on our systems, including in your user account.
3: I Understand that BSF May Change the BSF Applications.
BSF reserves the right, in its sole discretion, without notice to you, at any time and from time to time, temporarily or permanently, in whole or in part, to: (a) modify, suspend, terminate, withdraw, or discontinue all or any part of the BSF Applications without compensation to you, including, but not limited to (i) restricting the time all or any part of the BSF Applications that is available, (ii) restricting the amount of permitted use of all or any part of the BSF Applications, and (iii) restricting or terminating any user’s right to use all or any part of the BSF Applications, with or without notice; (b) charge fees in connection with the use of all or any part of the BSF Applications; (c) modify or waive any fees charged in connection with all or any part of the BSF Applications; or (d) offer opportunities to some or all users of all or any part of the BSF Applications. Any new features or updated content or applications that we make available as a part of the BSF Applications will be subject to this Agreement. You agree that BSF will not be liable to you or to any third party for any modification, suspension, or discontinuance of all or any part of the BSF Applications, in whole or in part, or of any service, content, or feature offered through the BSF Applications.
4: I Understand that BSF Content Belongs to BSF and I have only a limited Right to Use the BSF Content.
All materials provided by BSF or authorized for use by BSF, whether in electronic or printed form, including study notes, lectures, lessons, study questions, study packets, artwork, podcasts, videos, training materials, manuals, workflows, catalogs, teaching methods, blog content, summit pages, prayer guides, Daily Dive, Attributes of God, Basic Truths of the Christian Faith, and other information, whether (a) developed by BSF, (b) a teaching leader, or (c) a guest speaker, and whether (x) accessible or downloadable from or through a BSF Application, (y) provided during a BSF study, or (z) acquired for use through a BSF partner (collectively, the “BSF Materials”) and the BSF Applications are designed for personal use in the four-fold approach of the BSF structure for the growth of the BSF member and the glory of God.
The BSF Materials are provided solely for your personal use in connection with your BSF study, whether as an individual experience or through enrollment in a BSF Group, or as otherwise made available by BSF.
The BSF Applications and (i) (a) their design, features, and functionality, (b) any BSF Materials, software, code, files, content, information, reports, graphics, button icons, images, videos, audio, contained in or generated by the BSF Applications and the design, selection, and arrangement thereof, (c) any accompanying data, (d) confidential-information, (e) know how, (f) terminology, and (g) embedded software, including third party software; (ii) documentation and accompanying fonts ((i) and (ii) collectively, the “BSF Content”); and (iii) any related intellectual property rights, including patents, copyrights, trademarks, the BSF Marks (as defined below) service marks, trade secrets, know how, confidential information, manuals, processes, procedures, interfaces, features, and other similar rights or protectable attributes (collectively, “BSF Intellectual Property”), and any improvements to the foregoing, are owned by BSF or its licensors and are protected by United States and international laws and conventions, including those governing copyrights, trademarks, patents, and/or trade-secrets. This Agreement does not transfer any title or rights to the BSF Applications, BSF Content, or BSF Intellectual Property to you. Except for the limited licenses granted to you by this Agreement, all title and rights to the BSF Applications, the BSF Content, and the BSF Intellectual Property remain with BSF. BSF reserves all rights not expressly granted to you, and except as provided in this Agreement, the rights granted by this Agreement are non-transferable and do not include any intellectual property rights. You understand and acknowledge that BSF owns the BSF Applications, the BSF Content, and the BSF Intellectual Property.
In addition, BSF, the BSF LOGO, WordGo LOGO, and certain other names, brands, logos, slogans, trademarks, and service marks (collectively, “BSF Marks”) are marks of BSF and its affiliates or licensors. Not all marks of BSF will appear on the BSF Applications. Marks of third parties may appear on the BSF Applications when referring to those entities or their products or services. Third party marks displayed on the BSF Applications are owned by their respective owners.
The BSF Applications and BSF Content also are protected by copyright. Neither the BSF Applications nor any BSF Content may be copied, reproduced, republished, uploaded, broadcast, posted, transmitted, shared, used to create derivative works, or distributed except as expressly permitted by this Agreement. Use of the BSF Applications or BSF Content in any other way or for any purpose other than as permitted in this Agreement is a violation of BSF’s copyrights and other proprietary rights. Permission for all other uses of the BSF Applications or BSF Content must be obtained from BSF in advance and in writing. All content, interfaces, graphics, code, design rights, and other intellectual property rights, in each case, whether registered or unregistered, other than the marks of third parties, and related goodwill are the property of BSF. Further, you acknowledge and agree that the existence of a copyright notice on copies of the BSF Applications or the BSF Content is not an admission or presumption that the publication of the BSF Applications or BSF Content has occurred or is intended.
YOU UNDERSTAND THAT YOU HAVE NO RIGHTS TO THE BSF APPLICATIONS, BSF CONTENT, BSF MARKS, OR ANY OTHER BSF PROPERTY EXCEPT AS INDICATED IN THIS AGREEMENT. BSF TAKES THE PROTECTION OF INTELLECTUAL PROPERTY RIGHTS, INCLUDING COPYRIGHTS, VERY SERIOUSLY. BSF WILL TERMINATE YOUR ACCESS TO, OR USE OF, ALL OR ANY PART OF THE BSF APPLICATIONS, WITHOUT NOTICE TO YOU, IF YOU INFRINGE OR MISAPPROPRIATE THE INTELLECTUAL PROPERTY RIGHTS, INCLUDING COPYRIGHTS, OF BSF OR OTHERS.
5: I Understand that I have Only a Limited Right to Use the BSF Applications.
Solely to enable your use of the BSF Applications to learn about us, for the training and instruction of our BSF Group members, to provide donation, or for any other legitimate purpose as a member, guest, or donor of BSF, BSF hereby grants you a non-exclusive, limited, revocable, non-sub-licensable, non-transferrable license (i) to use the BSF Applications (as changed, modified, or upgraded by BSF from time to time in its sole discretion) in accordance with the terms and conditions of this Agreement and (ii) to view and display BSF Content (other than BSF software source code) and User Content (as defined below) in connection with your use of the BSF Applications. Except as provided in this Agreement, when you use or access the BSF Applications, you are not receiving any other rights from us, including intellectual property or other proprietary rights of BSF. In addition, this Agreement does not entitle you to receive, and does not obligate BSF to provide, BSF Content support, telephone assistance, or enhancements or updates to the BSF Applications.
In accordance with this license, I understand, acknowledge, and agree that I am allowed to:
- use the BSF Applications only for legitimate purposes as a member, guest, or donor of BSF;
- use the BSF Applications on computer user devices and mobile user devices, but only as necessary for legitimate access to and use of the BSF Applications;
- temporarily store copies of the BSF Applications and BSF Content in RAM incidental to my accessing and viewing those materials;
- store files that are automatically cached by my web browser for display enhancement purposes;
- print or download a reasonable number of pages of the BSF Applications for my own, legitimate business use; or
- take actions enabled by third party features, such as social media features, if the BSF Applications enables those features.
I understand, acknowledge, and agree that unless expressly permitted by this Agreement, I am not allowed to:
- upload the BSF Applications or BSF Content to the internet or otherwise make the BSF Applications or BSF Content available on the internet for other persons or entities to copy, download, or use;
- make the BSF Applications or BSF Content available over a network where it could be used on multiple devices or by multiple users at the same time;
- use any BSF Intellectual Property in the design, development, manufacture, licensing, or distribution of any devices, accessories, software, or services for use with the BSF Applications;
- resell, transfer, modify, copy, duplicate, create, or re-create the BSF Applications, programs, offerings, services, or other aspects of the BSF Applications, or the BSF Content;
- amend, alter, change, or modify the BSF Applications or the BSF Content;
- remove, mutilate, modify, or otherwise change or delete any trademark, logo, copyright notice, or other proprietary notice contained within the BSF Applications or the BSF Content;
- disassemble, decompile, reverse engineer, or otherwise attempt to discover the source code of the BSF Applications; or
- use any illustrations, photos, video or audio sequences, or any graphics separately from the accompanying text.
6: I Understand that BSF May Collect Certain Information About Me When I Use the BSF Applications.
I understand that while using the BSF Applications, BSF may locate or record information about me including, but not limited to, (i) Account Information (as defined below); (ii) User Content (as defined below); and (iii) my geographic location and exact positioning, my MAC address, the operating system of my device, the type of device I am using, my device’s unique identification number, the IP address of my device, the type of Internet browsers I am using, session start and stop times, my time zone, my network status, my International Mobile Equipment Identity, information about the way I use the BSF Applications, and any other information tied directly or indirectly to my device (“Device Information”). Your use of the BSF Applications constitutes your consent to allow BSF to record and use your User Information and your Device Information.
- I Understand that My Credit Cards May Be Linked to My BSF Applications Account.
When interfacing with the BSF Applications you may be given an opportunity to input payment information for one or more of your credit cards, check cards, or debit cards into the BSF Applications to complete certain transactions. By providing your payment information, you authorize all transactions made using the BSF Applications. You are responsible for all transactions associated with the BSF Applications including unauthorized transactions. If your mobile device is lost, stolen or destroyed, please contact your credit card company immediately.
- I Understand that Use of the BSF Applications is Subject to Rules of Conduct.
A. Safe Use of the BSF Applications Rules of Conduct
The safety of all BSF Application users is important. In addition, BSF believes that all users benefit from basic rules regarding conduct while using the BSF Applications. Widespread use and enjoyment of the BSF Applications is jeopardized when a few individuals act irresponsibly. To help everyone have a positive experience, we ask that you follow a few basic rules of conduct when using the BSF Applications. In using the BSF Applications, I understand, acknowledge, and agree that:
- I will use the BSF Applications only for legitimate purposes as a member, guest, or donor of BSF;
- I will exercise caution, good sense, and proper judgment when using the BSF Applications;
- I will not upload or post any nude, partially nude, or sexually suggestive photos or other material using the BSF Applications;
- I will not use the BSF Applications for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way;
- I will not use the BSF Applications for the purpose of furthering terrorism or violence;
- I will not harass, bully, abuse, threaten, or intimidate any other BSF Applications users;
- I will not collect or store personal information about any other individual using the BSF Applications, or otherwise stalk, repeatedly contact, or harass other BSF Applications users;
- I will not interfere with others’ use of the BSF Applications or act in a way that negatively affects others’ use and enjoyment of the BSF Applications;
- I will not use the BSF Applications to send unauthorized or unwanted communications to any other person (i.e., I will not “spam” other people);
- I will not participate in any action that, in the sole and absolute opinion of BSF, results or may result in any authorized user of the BSF Applications being scammed or defrauded in any way in connection with such user’s use of the BSF Applications;
- I will not use the BSF Applications to transmit viruses, worms, bots, Trojans, or other malicious code;
- I will not do anything that could overburden, disable, or impair the appearance, functionality, or proper working of the BSF Applications or any software, hardware, equipment, or BSF Content used in connection with the BSF Applications;
- I will not use or exploit any errors in design, features that have not been documented, or “bugs” to gain access in any way that is not generally known and intentionally made available by BSF, and I will promptly report to BSF my discovery of any such errors, features, or bugs;
- I will not hack the BSF Applications, spoof the BSF Applications, or modify any other software or website to imply falsely that the other software or website is associated with BSF or the BSF Applications;
- I will not collect user account information or User Content (as defined below), or otherwise access the BSF Applications through an automated means (i.e., through bots, robots, spiders, scrapers, etc.);
- I will not impersonate any other person or misrepresent a relationship with any person or entity, including misrepresenting a relationship with BSF;
- I will not adopt a false identity using the BSF Applications;
- I will not manipulate the BSF Applications so as to hide my identity or my use of the BSF Applications;
- I will not use the BSF Applications or BSF Content in any way that violates any applicable federal, state, local, or international law or regulation, including without limitation, any laws regarding the export of data or software to and from the United States or other countries and any laws regarding privacy, online conduct, or acceptable online content; and
- I will not encourage or facilitate any violations of this Agreement.
We reserve the right (but not the obligation) in our sole discretion to refuse, delete, suspend, or terminate—without notice—your access to or use of the BSF Applications and BSF Content upon a violation or attempted violation of this Agreement, including, without limitation, any of the rules listed above. Indirect or attempted violations of this Agreement, and actual or attempted violations by a third party acting on your behalf, shall be deemed violations by you of this Agreement. Furthermore, it is a violation of this Agreement to use the services of another company for the purpose of facilitating any of the activities that violate this Agreement if such use of another company’s service could reasonably be expected to adversely affect the BSF Applications in any manner.
B. User Accounts Rules of Conduct
In order to use certain features of the BSF Applications, you may be required to register by providing BSF with personal information, including but not limited to, your name, user name, email address, and password (collectively, “Account Information”) you will use to access the BSF Applications. BSF reserves the right to refuse registration or cancel a user name or an account, in its sole discretion. In creating a user account, I understand, acknowledge, and agree that:
- I will create only one user account for myself;
- I will provide accurate, truthful, current, and complete information when creating my account;
- I will not create an account for anyone other than myself without permission;
- I will maintain and promptly update my Account Information when any of my Account Information changes;
- I will maintain the security and confidentiality of my account by not sharing my Account Information with any other person nor let anyone else access my account;
- I will not solicit Account Information from other users or access another user’s account;
- I will not sell, gift, or trade my account to any other person, and such transfer shall be null and void;
- I take responsibility for all activities that occur under my account and for all User Content (defined below) posted using my account;
- I accept all risks of unauthorized access of my account;
- I will immediately notify BSF in writing of any unauthorized use of my account of which I become aware;
- I will contact my credit card company immediately if any unauthorized payments are made using the BSF Applications;
- although BSF will not be liable for my losses caused by any unauthorized use of my account, I may be liable for the losses of BSF or others due to the unauthorized access and use of my account;
- I have no property rights or ownership interests in and to my account, and I understand that all rights to my account belong to BSF;
- any violation of this Agreement may result in the termination of my account;
- BSF may disable, suspend, or terminate my account at any time in its sole discretion and without any notice to me; and
- if my account is disabled, suspended, or terminated by BSF, I will not create another one without BSF’s express permission.
C. Posting User Content
The BSF Applications may allow you to enter, post, provide, submit, or link to certain content (including, for example, text, data, photographs, images, graphics, files, videos, audio, sound, music, messages, materials, works of authorship, etc.) and provide certain comments, ratings, suggestions, and reviews for others to see (collectively, “User Content”). I understand, acknowledge, and agree that all User Content will comply with the terms and conditions of this Agreement.
In some cases, the BSF Applications may allow you—in BSF’s sole discretion—to enter, post, submit, provide, or link to User Content “anonymously” such that your user name is not publicly associated with that User Content; however, BSF still collects and retains the user names associated with anonymous actions. Such anonymous content is considered User Content and the terms of this Agreement apply to your entering, posting, providing, submitting, or linking to such anonymous User Content.
BSF does not claim any ownership rights in any User Content that you enter, post, submit, provide, or link to on or through the BSF Applications. By entering, posting, submitting, providing, or linking to User Content on or through the BSF Applications, however, you grant BSF, and BSF hereby accepts, a worldwide, perpetual, irrevocable, non-exclusive, transferrable, sub-licensable, fully-paid up, and royalty free license to use, sell, reproduce, create derivative works from, combine with other works, alter, modify, delete from, add to, translate, distribute copies, display, perform, and publish the User Content and your name in connection with such use of your User Content in any and all media and in any manner, in whole or in part, without any restriction or responsibilities to you. In addition, by entering, posting, submitting, providing, or linking to User Content, you hereby release BSF from any claims that such use, as authorized above, violates any rights which you may have under applicable law, and you understand that you will not be entitled to any compensation for any use of your User Content. Further, by entering, posting, submitting, providing, or linking to User Content, you hereby represent, warrant, and agree as follows:
- I own and control all of the rights to the User Content or otherwise have (a) the legal rights to enter, post, submit, provide, or link to the User Content using the BSF Applications and (b) the right to grant BSF the license specified in this Agreement;
- The User Content that I enter, post, submit, provide, or link to does not, and will not, result in a breach of contract between me and any other person;
- I will pay all royalties, fees, and any other monies owing to any person due to any of the User Content that I enter, post, submit, provide, or link to using the BSF Applications;
- None of the User Content is subject to confidentiality obligations;
- The User Content that I enter, post, submit, provide, or link to does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights, or any other rights of any person;
- The User Content is truthful, accurate, not misleading, and offered in good faith;
- I am solely responsible for all of the User Content that I enter, post, submit, provide, link to, or otherwise make available in any way by or through the BSF Applications;
- I will not post another person’s sensitive identification documents, financial information, or other personal data without that person’s permission;
- I will not enter, post, submit, provide, or link to User Content that is obscene or may be hateful or offensive on racial, ethnic, sexual, or any other grounds, is harmful, vulgar, or distasteful, or is defamatory, libelous, or invades another person’s privacy;
- I will not use BSF Intellectual Property (including the BSF Marks) without BSF’s permission;
- I understand that BSF can, in its sole discretion, monitor User Content that I and other users enter, post, submit, provide, or link to using the BSF Applications;
- I understand that BSF can, without notice and in its sole discretion, remove any User Content that BSF believes is obscene, offensive, libelous, defamatory, or violates the law or any of the terms and conditions of this Agreement;
- I understand that BSF can, in its sole discretion, remove any User Conduct if BSF believes that doing so will improve the BSF Applications;
- I understand that BSF can edit User Content for relevance and appropriateness, in BSF’s sole discretion;
- I understand that BSF can disclose my identity or other information about me to any third party who claims that my User Content violates their rights, including their intellectual property rights or their right to privacy;
- I understand that BSF can take appropriate legal action against me, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the BSF Applications or BSF Content; and
- I understand that BSF reserves the right to force forfeiture of the username of any account that becomes inactive or any username that violates the trademark or other intellectual property rights of any other person.
NOTICE: BSF has no obligation to respond to any of your User Content. In addition, BSF is not responsible for any User Content, including, for the truth, completeness, objectivity, or usefulness of such User Content. BSF does not endorse any User Content, has not verified the identity of persons using the BSF Applications, and does not screen, monitor, edit, or review User Content before it becomes accessible on or through the BSF Applications. Accordingly, you may be exposed to content from other users that is offensive or objectionable.
WITHOUT LIMITING THE FOREGOING, WE HAVE THE RIGHT TO FULLY COOPERATE WITH ANY LAW ENFORCEMENT AUTHORITIES OR COURT ORDERS REQUESTING OR DIRECTING US TO DISCLOSE YOUR IDENTITY, USER ACCOUNT INFORMATION, OR ANY USER INFORMATION YOU HAVE PROVIDED ON OR THROUGH THE BSF APPLICATIONS. YOU WAIVE AND HOLD HARMLESS BSF, ITS AFFILIATES, AND ITS SERVICE PROVIDERS FROM ANY CLAIMS OR CAUSES OF ACTION RESULTING FROM ANY ACTION TAKEN BY THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER BSF OR LAW ENFORCEMENT AUTHORITIES.
D. Mobil Device Data Services
The BSF Applications requires use of the internet to operate correctly, thus the quality and availability of the BSF Applications may be affected by factors beyond BSF’s control. BSF does not accept responsibility for unavailability of the BSF Applications. Further, the terms of your agreement with your respective mobile network provider apply when using the BSF Applications. You may be charged by your mobile provider for access to network connection services for the duration of the connection while accessing the BSF Applications. All such charges are your responsibility. Further, you agree that your use of the BSF Applications is not contrary to any terms or conditions of coverage extended to you by your respective mobile network provider.
E. Third Party Websites
We appreciate positive, well-intentioned links to our BSF Applications. If you create a link from another website to our BSF Applications, you agree to present the link in a positive, well-intentioned way and not in a way that adversely affects us.
We assume no responsibility for any third party websites that link to our BSF Applications. If a third party links to our website, it does not imply that we endorse, authorize, sponsor or are affiliated with that third party.
F. Email Sent from the BSF Applications
Some BSF Applications allow you to send email (i) to BSF Group participants, including leaders, members, and BSF Group staff members; (ii) to BSF staff; or (iii) as invitation to non-members. By using these email programs you agree you are sending email only for the defined purpose of contacting the BSF Group participants or BSF staff regarding BSF Group(s) or BSF activities or for sending invitations to others to attend a BSF Group. Any other use of these email programs, including but not limited to sending Unsolicited Commercial Email (SPAM) is not in keeping with the intent of these programs and is prohibited.
9: I Understand that the BSF Applications May Contain Third Party Software Components that are Governed by Additional Terms.
A. Third Party Terms and Conditions Generally
The BSF Applications may contain or interface with various third party software components. The purpose of these software components is to enhance the functionality of the BSF Applications. Such third party software components may have terms and conditions, including privacy policies, and it is your responsibility to read and understand such terms and conditions, including the privacy implications of those terms and conditions. These terms and conditions are separate and apart from this Agreement, but they apply to you simultaneously. By your use of the BSF Applications you represent to BSF that you have read those third party terms and agree to abide by those terms and conditions.
B. Open Source Licenses
In addition to the terms and conditions of this Agreement, the BSF App contains software components that are subject to an open source license agreement. Your use of such components are subject to the following terms and conditions:
Copyright 2020 Gracetech
Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the “Software”), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:
The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.
THE SOFTWARE IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.
C. Terms for Use with Apple Devices or the Apple App Store
For BSF Applications downloaded, installed, or accessed on an Apple-branded device through the Apple App Store, the following additional terms apply to your use of the BSF Applications and BSF Content (in case of conflict between the terms of this section and other terms in this Agreement, the terms of this section shall prevail). By downloading, installing, or accessing a BSF Application through the Apple App Store, you understand, acknowledge and agree that:
- this Agreement is concluded between BSF and you only, and not with Apple. BSF, not Apple, is responsible for the BSF Applications and BSF Content;
- use of the BSF Applications is limited to Apple-branded devices which you own or control (or which you have permission to use) as permitted under any Apple terms and conditions applicable to the use of the Apple-branded devices;
- Apple has no obligation to furnish any maintenance and support services with respect to the BSF Applications;
- in the event of any failure of the BSF Applications to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price for the relevant BSF Application to you. To the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the BSF Applications and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be BSF’s sole responsibility;
- BSF, not Apple, is responsible for addressing any claims by you or a third party relating to the BSF Applications or your possession and/or use of the BSF Applications, including, but not limited to: (i) product liability claims; (ii) any claim that the BSF Applications fail to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy or similar legislation;
- in the event of any third party claim that the BSF Applications or your possession and use of the BSF Applications infringes such third party’s intellectual property rights, BSF, not Apple, is solely responsible for the investigation, defense, settlement and discharge of any such claim; and
- Apple and its subsidiaries are third party beneficiaries of this Agreement and upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary of this Agreement.
10: I also Agree to the Following Terms and Conditions:
A. Liability and Warranty Disclaimer:
YOU EXPRESSLY ACKNOWLEDGE THAT USE OF THE BSF APPLICATIONS IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. IN ADDITION, YOU ASSUME THE TOTAL RISK AND RESPONSIBILITY FOR THE BSF APPLICATIONS AND UNDERSTAND AND ACKNOWLEDGE THAT ANY LOSS OF DATA, DATA ERRORS, DAMAGE TO YOUR COMPUTER SYSTEM, INCOMPLETE TRANSACTIONS, SYSTEM DOWNTIMES, OR ANY OTHER ISSUES YOU EXPERIENCE USING THE BSF APPLICATIONS ARE AT YOUR SOLE RISK AND ARE NOT THE RESPONSIBILITY OF BSF. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE BSF APPLICATIONS AND ANY SERVICES PERFORMED OR PROVIDED BY THE BSF APPLICATIONS (“SERVICES”) ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE TO YOU. YOU UNDERSTAND AND AGREE THAT THE BSF APPLICATIONS WILL NOT BE UNINTERRUPTED OR ERROR FREE AND THAT BSF MAY NOT CORRECT ALL ERRORS.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BSF DOES NOT MAKE ANY, AND HEREBY DISCLAIMS ALL, WARRANTIES AND CONDITIONS WITH RESPECT TO THE BSF APPLICATIONS AND ANY SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS. BSF DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE BSF APPLICATIONS, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE BSF APPLICATIONS OR SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT DEFECTS IN THE BSF APPLICATIONS OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY BSF OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY. MOREOVER, NOT ALL THE FUNCTIONALITY AND FEATURES SET FORTH IN THIS AGREEMENT WILL NECESSARILY BE AVAILABLE IN THE INITIAL VERSION (OR ANY FUTURE VERSION) OF THE BSF APPLICATIONS, AND NO MENTION OF SUCH FUNCTIONALITY OR FEATURES HEREIN SHOULD BE CONSTRUED AS A PROMISE TO PROVIDE SUCH FUNCTIONALITY OR FEATURES IN THE BSF APPLICATIONS OR IN ANY OTHER PRODUCT OFFERED BY BSF. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BSF, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, CONTRACTORS, OFFICERS, DIRECTORS, OR TRUSTEES BE LIABLE FOR ANY DAMAGES UNDER THIS AGREEMENT, INCLUDING, WITHOUT ANY LIMITATION, ANY DIRECT, INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES, FOR ANY DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE, BUSINESS INTERRUPTION, PROCUREMENT OF SUBSTITUTE GOODS OR SUBSTITUTE SERVICES, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE), REGARDLESS OF WHETHER SUCH DAMAGES ARE CHARACTERIZED AS DIRECT DAMAGES OR AS INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES, AND EVEN IF BSF IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS ON LIABILITY SET FORTH HEREIN ARE FUNDAMENTAL ELEMENTS OF THIS AGREEMENT. YOU AND BSF HEREBY ACKNOWLEDGE AND AGREE THAT BOTH YOU AND BSF WOULD NOT BE ABLE TO PERFORM HEREUNDER ON AN ECONOMIC BASIS WITHOUT SUCH LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY CAUSED DIRECTLY BY THE NEGLIGENCE OF BSF, THE IMITATION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY THE FRAUDULENT MISREPRESENTATION OF BSF, OR THE EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU.
EXCEPT AS PROHIBITED BY LAW, IN NO EVENT SHALL BSF’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES EXCEED THE GREATER OF THE AMOUNT PAID TO BSF (OR A THIRD PARTY PROVIDER) FOR THE BSF APPLICATIONS OR FIVE DOLLARS ($5.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
The foregoing states the entire obligation of BSF and your exclusive remedy arising out of your use of the BSF Applications and BSF’s provision of any Services associated with your use of the BSF Applications.
YOU UNDERSTAND THAT YOU ARE RESPONSIBLE FOR YOUR BEHAVIOR WHILE USING THE BSF APPLICATIONS, FOR THE INFORMATION PROVIDED IN YOUR USER ACCOUNT, AND FOR ALL USER CONTENT PROVIDED USING YOUR ACCOUNT. ACCORDINGLY, YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD BSF AND ITS AFFILIATES AND THEIR OFFICERS, DIRECTORS, TRUSTEES, CONTRACTORS, EMPLOYEES, AND AGENTS HARMLESS FROM AND AGAINST ANY LOSS, DAMAGE, LIABILITY, COST, OR EXPENSE OF ANY KIND (INCLUDING ATTORNEYS’ FEES) THAT BSF MAY INCUR IN CONNECTION WITH A THIRD PARTY CLAIM, OR OTHERWISE, IN RELATION TO YOUR USE OF THE BSF APPLICATIONS, THE USER CONTENT YOU CONTRIBUTE OR LINK TO, YOUR ACCESS TO THE BSF APPLICATIONS, THE INFORMATION CONTAINED IN YOUR USER ACCOUNT, OR YOUR VIOLATION OF EITHER THIS AGREEMENT OR THE RIGHTS OF ANY THIRD PARTY. BSF SHALL HAVE THE RIGHT TO CONTROL AND DIRECT THE DEFENSE OF ANY THIRD PARTY CLAIM OR ACTION PURSUANT TO THIS SECTION, INCLUDING THE RIGHT TO SETTLE THE CLAIM, AND YOU AGREE TO PROVIDE YOUR FULL AND COMPLETE ASSISTANCE AND COOPERATION TO BSF.
C. Global Availability / Export Controls / International Law:
BSF makes no representation that the BSF Applications are appropriate or available for use in all locations, and access to the BSF Applications from other countries where such access or the contents are illegal or penalized is prohibited.
Access to or use of the BSF Applications by persons or from countries who are sanctioned by the United States is specifically prohibited. You represent and agree that:
- you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a terrorist supporting country;
- you are not listed on any U.S. Government list of prohibited or restricted parties;
- you will not export or re-export the BSF Applications and BSF Content to any country to which the United States embargoes or sanctions goods, services, or technology.
IF ANY TERMS OR CONDITIONS OF THIS AGREEMENT ARE FOUND TO BE COUNTER TO ANY APPLICABLE LAW OF ANY COUNTRY APPLICABLE TO YOUR USE OF THE BSF APPLICATIONS OR BSF CONTENT AND THEREFORE UNENFORCEABLE UNDER SUCH LAW, THOSE PARTICULAR TERMS OR CONDITIONS SHALL BE REPLACED BY BSF TO MAKE THE TERMS OR CONDITIONS COMPLIANT WITH THE APPLICABLE LAW OF THE APPLICABLE COUNTRY, AND YOU AGREE, ACKNOWLEDGE, AND UNDERSTAND THAT YOU WILL BE BOUND BY THE REPLACED TERMS.
D. Use by Children under the Age of 18:
Any BSF Materials made available for use by BSF, including for BSF’s student program or preschool program, are governed by these Terms.
E. Ownership of Improvements
I understand, acknowledge, and agree that BSF owns all right, title, and interest in and to any improvements to any BSF Application, BSF Content, or BSF Intellectual Property, regardless of whether such improvements resulted from a comment, suggestion, or recommendation that I made to BSF.
F. Digital Millennium Copyright Act Policy:
BSF does not knowingly permit the posting, storage, or transmission of copyrighted materials using its website or online services. BSF will respond to all claims of violations of copyright pursuant to the Digital Millennium Copyright Act. To report a violation, please contact BSF at the contact address provided below.
G. Security Policy:
BSF uses commercially reasonable security measures to protect your User Content and your user account information. We have security measures in place to help protect against the unauthorized access of personally identifiable information under our control. We utilize both online and offline security methods, including firewalls, passwords, and restricted physical access to the places where your information is stored to help protect personally identifiable information. Our staff is trained to comply with our security procedures, and our security procedures are regularly reviewed and revised as we deem necessary.
H. Disputes, Forum, and Governing Law:
Except to the extent prohibited by applicable law, this Agreement, all matters relating to the BSF Applications and BSF Content, and any disputes, claims, suits, causes of action, or proceedings arising out of this Agreement, the BSF Applications or the BSF Content, including any disputes, claims, suits, or causes of action concerning the interpretation, violation, invalidity, non-performance, or termination of this Agreement, shall be governed by and construed in accordance with the internal laws of the United States of America and the State of Texas, United States of America, without giving effect to any choice or conflict of law provision or rules. If the foregoing choice of law provision is prohibited by applicable law, then this Agreement shall be governed by the laws of the country where the services associated with the BSF Applications are primarily being provided.
Except as prohibited by law or provided below regarding suits we may initiate against you, any legal suit, action, or proceeding arising out of, or related to this Agreement, the BSF Applications or BSF Content will be instituted exclusively in the state or federal courts located in Bexar County, Texas. We retain the right to bring suit against you for any breach of this Agreement in your country of residence or any other relevant country. You hereby waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts. If the foregoing venue provision is prohibited by applicable law, then this Agreement shall be governed by the laws of the country where the services associated with the BSF Applications are primarily being provided.
In addition, you agree that BSF may, at its sole discretion, or when the foregoing provisions are prohibited by law, require you to submit any disputes, claims, suits, or causes of action relating to this Agreement, the BSF Applications or BSF Content, including any disputes, claims, suits, or causes of action concerning the interpretation, violation, invalidity, non-performance, or termination of this Agreement, to final and binding arbitration in accordance with the then-effective International Institute for Conflict Prevention and Resolution Rules for Non Administered Arbitration. If an arbitration is commenced pursuant to this paragraph, that arbitration shall be governed by the Federal Arbitration Act, and judgment upon the award rendered by the arbitrator(s) may be entered and enforced against you by any court of competent jurisdiction. The place of the arbitration shall be San Antonio, TX.
I. Availability of Injunctive Relief:
You understand and agree that a breach or threatened breach of this Agreement will cause BSF irreparable damage for which the recovery of money damages alone would be inadequate. Therefore, BSF will be entitled to obtain injunctive relief to protect and enforce BSF’s rights under this Agreement in addition to any and all remedies available at law without the requirement to post a bond (or with the posting of a nominal bond if a bond is required by applicable law).
J. Attorney Fees and Costs:
If either party commences any action or proceeding against the other relating to this Agreement, the BSF Applications or the BSF Content, the prevailing party shall be entitled to recover from the other party its reasonable attorney fees and costs irrespective of whether the action or proceeding is prosecuted to judgment.
K. User Disputes:
You are solely responsible for your interactions with other BSF Applications users. BSF reserves the right, but has no obligation, to monitor disputes between you and other BSF Applications users.
L. Controlling Language:
The controlling language of this Agreement is English. This Agreement shall be construed and enforced only in accordance with the English language.
This Agreement is the complete and entire agreement between you and BSF pertaining subject matter of this Agreement. It supersedes and replaces any and all prior or contemporaneous agreements, understandings, communications and discussions between you and BSF relating to this Agreement, the BSF Applications, your use of the BSF Applications and the BSF Content. The failure of BSF to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision nor prejudice BSF’s right to take subsequent action. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is found unlawful, void, or enforceable by a court based upon any written decree, that provision shall be modified to the extent necessary to render it enforceable without losing its intent or it shall be deemed severable from this Agreement if no modification is possible. The remainder of this Agreement shall remain in full force and effect and modification or severance of any one provision shall not affect the validity and enforceability of any of the remaining provisions.
N. How to Contact Us:
To ask questions or raise a concern about the BSF Applications, you may contact us at:
Bible Study Fellowship
19001 Huebner Road
San Antonio, TX 78258