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Blessing Stream Terms of Service

Last updated: January 2010.


User Acceptance and Eligibility

Blessing Stream, www.blessingstream.com, the BlessingStream.com service and systems are operated by Soul Stream Media, LLC and its affiliates (collectively, “Blessing Stream”). By using and/or visiting Blessing Stream you declare that you are an official “User” of Blessing Stream and you agree to be bound by Blessing Stream’s Terms of Service, legal notices and Privacy Policy.

BY USING AND/OR VISITING THIS WEBSITE (collectively, including all Content provided through the BlessingStream.com domain and/or URL, the " BlessingStream.com Website", or "Website"), OR BY SUBMITTING CONTENT TO THIS WEBSITE, YOU SIGNIFY YOUR ASSENT TO AND ACCEPTANCE OF (1) THESE TERMS OF SERVICE (the "Terms of Service"), AND (2) BLESSING STREAM’S PRIVACY POLICY published on this Website. Blessing Stream may modify these Terms of Service at various times without prior notice, and such modification shall be effective at the time they are posted on the Website. Furthermore, you agree to be and are bound by the Terms of Service as described herein if you access the mobile versions of this Website. These Terms of Service apply to all users of the Website including users who are also contributors of video content, other information and other materials or services unless Blessing Stream has granted prior written consent to modified terms. If you do not agree to these Terms of Service and the Privacy Policy, then you are not authorized to use the Website.

You understand that when using Blessing Stream, you will be exposed to a variety of User Submissions, and that Blessing Stream is not responsible for the accuracy, usefulness, validity, or intellectual property rights expressed in or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions 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 against Blessing Stream with respect thereto, and you hereby agree to indemnify and hold harmless Blessing Stream, its Owners, Operators, Affiliates, Agents, Vendors, Distributors and/or Licensors to the fullest extent allowed by law regarding all matters related to your use of Blessing Stream.

Blessing Stream may contain links to third party Websites that are not owned or controlled by us. Blessing Stream has no control over, and assumes no responsibility for any aspect, including but not limited to, the content, privacy policies, Terms of Service or practices of any third party Websites. By using any third-party Website, you expressly relieve Blessing Stream from any and all liability arising from your use of any third-party Website.

You affirm that you are either more than eighteen (18) years of age or possess legal parental or guardian consent to enter into these Terms & Conditions, and to comply with these Terms of Service. Any registration, use of or access to Blessing Stream by anyone under the age of thirteen (13) is prohibited by these Terms of Service. By using the Site you represent and warrant that you are thirteen (13) years of age or older. If you are required to register as a sex offender in any jurisdiction, you are prohibited from registering an account with Blessing Stream. Blessing Stream reserves the right to discontinue any aspect of the Blessing Stream at any time.

Website Access

Many activities on Blessing Stream do not require you to have an account, but certain activities do require a registered account. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You may never use another’s account without their permission. When creating your account, you must provide accurate and complete information, and you must notify Blessing Stream immediately of any breach of security or unauthorized use of your account. Blessing Stream is not liable for your losses caused by any unauthorized use of your account. If you access this Website in any way for which you are not authorized, you may be liable for the losses of Blessing Stream or others due to such unauthorized use. Blessing Stream has the right to terminate your access to the Website, at its sole discretion, immediately and with or without cause.

Blessing Stream retains the right to jettison, cancel and/or remove any submission of any content or other materials for any reason whatsoever at its sole discretion. By uploading any content on the Website, you hereby grant to Blessing Stream the right to continue posting such content at its sole discretion regardless of your status as a Registered User. Blessing Stream reserves the right to terminate any User Registration without notice at it sole discretion.

Voluntary Disclosure of Content and Information: Any personal information or video content that you voluntarily disclose online (including in discussion boards, in your profile, in messages and chat areas, and within your videos and other uploaded content, etc.) will become publicly available and can be accessed and used by Blessing Stream and public visitors to the Website.

Activity Information: Blessing Stream may record and archive information about User activities and usage on the Website including, but not limited to, your visitation of the various features, channels, profiles, groups, videos, media, the frequency and size of data transfers and communications on the Website.

A. Blessing Stream hereby grants you permission to use the Website as set forth in this Terms of Service, provided that: (i) your use of the Website as permitted is solely for your personal, noncommercial use; (ii) you will not copy or distribute any part of the Website in any medium without Blessing Stream’s prior written authorization; (iii) you will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose; and (iv) you will otherwise comply with the terms and conditions set forth in these Terms of Service.

B. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that accesses the Website in a manner that sends more request messages to the Blessing Stream servers in a given period of time than a human can reasonably produce in the same period using a conventional web browser. Notwithstanding the foregoing, Blessing Stream 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. Blessing Stream reserves the right to revoke these exceptions at its sole discretion. You agree not to collect, harvest, access or use any personally identifiable information, including account profile names, from the Website, nor to use the communication systems on the Website for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website.

Intellectual Property Rights

The content on Blessing Stream including without limitation, the text, software, scripts, graphics, photos, images, sounds, music, videos, look and feel, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Blessing Stream, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. All copyrights, Marks and other intellectual property rights in this Website (including the design, arrangement and look and feel) and all content supplied as part of the Website, other than user-generated content, shall remain at all times the property of Blessing Stream and/or its affiliates, associates, and/or licensors.

The contents of individual pages of this Website may be printed or downloaded to disk for the purpose of private and personal non-commercial use. You may not remove the copyright or trade mark notice from any copies of content under these Terms; or create a database by systematically downloading and storing any content without the prior, written permission of Blessing Stream. Content on the Website is provided to you AS IS for your personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Blessing Stream reserves all rights not expressly granted in and to the Website and the Content therein. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Blessing Stream Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Blessing Stream Website or the Content therein.

User Submissions

Blessing Stream allows, hosts, shares, and/or publishes the submission of videos or other User communications by you and other Users ("User Submissions"). Blessing Stream makes no guarantee of privacy or confidentiality for any User Submissions whether or not they are published, hosted or otherwise shared. Blessing Stream has sole discretion about whether to display, hide, delete, move, use, discard, promote or highlight your User Submissions on Blessing Stream. Blessing Stream reserves the sole right to decide whether any User communication or User Submission complies with these Terms of Service.

You are solely responsible for your own User Submissions and any consequences resulting from the posting or publishing of them. Furthermore, you represent and warrant that: (a) you own or have the necessary rights and permissions to publish every aspect of your User Submissions including, but not limited to, the text, graphics, photos, images, sounds, music, videos, interactive features, communications and the like in the manner contemplated by the Website and these Terms of Service; (b) your User Submissions are not subject to any third party proprietary or ownership rights unless you are the owner of such rights or have permission from their rightful owner to publish your User Submissions and to grant Blessing Stream all of the license rights granted herein; (c) you authorize Blessing Stream to use all copyright, trademark or other proprietary rights in and to your User Submissions; (d) you possess the written consent and/or permission of each and every identifiable individual person in your User Submissions to publish their name or likeness; and (e) you will not submit content or other communications that are false, unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourage conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you may have against Blessing Stream with respect thereto, and agree to indemnify and hold harmless Blessing Stream, its Owners, Operators, Affiliates, Employees, Distributors, Vendors, Agents and/or Licensors to the fullest extent allowed by law regarding all matters related to your use of Blessing Stream; and (f) you understand that when using Blessing Stream, you will be granted access to User Submissions from a variety of sources, and that Blessing Stream is not responsible for the accuracy, opinions, usefulness or intellectual property rights of or relating to such User Submissions.

Blessing Stream does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and Blessing Stream expressly disclaims any and all liability in connection with User Submissions.

User Provision of Content License

As a User, you retain all of your ownership rights in your User Submissions. However, by submitting your User Submissions to Blessing Stream, you hereby grant Blessing Stream a worldwide, non-exclusive, royalty-free, sub-licenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform your User Submissions in connection with Blessing Stream and Blessing Stream’s (and its successor's) businesses, including without limitation for promoting and redistributing part or all of the Blessing Stream Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each User of Blessing Stream a non-exclusive license to access your User Submissions through the Website and any media channels, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Service.

Warranty Disclaimer

YOU AGREE THAT YOUR USE OF BLESSING STREAM SHALL BE AT YOUR SOLE RISK.

TO THE FULLEST EXTENT PERMITTED BY LAW, BLESSING STREAM AND SOUL STREAM MEDIA, LLC., THEIR OWNERS, OPERATORS, OFFICERS, DIRECTORS, DISTRIBUTORS, EMPLOYEES, ASSOCIATES AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESSED OR IMPLIED, IN CONNECTION WITH BLESSING STREAM AND YOUR USE THEREOF. BLESSING STREAM MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF ITS CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO BLESSING STREAM 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 BLESSING STREAM, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM BLESSING STREAM, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH BLESSING STREAM BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS 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, PUBLISHED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA BLESSING STREAM. BLESSING STREAM DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH BLESSING STREAM OR ANY WEBSITE HYPERLINKED OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND BLESSING STREAM WILL NOT BE A PARTY TO, OR IN ANY WAY BE RESPONSIBLE FOR, MONITORING ANY TRANSACTION BETWEEN YOU AND ANY 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 AT ALL TIMES. BLESSING STREAM WILL NOT BE LIABLE FOR, OR CONSIDERED IN BREACH OF THESE TERMS OF SERVICE BECAUSE OF ANY DELAY OR FAILURE TO PERFORM RESULTING FROM ANY CAUSES OR CONDITIONS WHICH ARE BEYOND ITS REASONABLE CONTROL.

Limitation of Liability

IN NO EVENT SHALL BLESSING STREAM NOR SOUL STREAM MEDIA, LLC., THEIR OWNERS, OPERATORS, OFFICERS, DIRECTORS, DISTRIBUTORS, EMPLOYEES, ASSOCIATES AND AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING 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 BLESSING STREAM, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM BLESSING STREAM, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH BLESSING STREAM BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF BLESSING STREAM OR ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA BLESSING STREAM, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT BLESSING STREAM IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT BLESSING STREAM SHALL NOT BE LIABLE FOR ANY USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

Blessing Stream is controlled by Soul Stream Media, LLC from its facilities in the United States of America. Soul Stream Media makes no representations that Blessing Stream is appropriate or available for use in other locations. Those who access or use Blessing Stream and/or its Services from other jurisdictions do so at their own volition and are responsible for compliance with local law.

Indemnity

You agree to indemnify, defend and hold harmless Blessing Stream and Soul Stream Media, their owners, operators, officers, directors, distributors, employees, associates and agents, from and against any and all claims, damages, obligations, losses, liabilities, suits, costs or debt, actions, demands, penalties, proceedings, (whether legal or administrative) and expenses (including but not limited to attorney's fees) arising directly or indirectly from: (i) any action or failure to act; (ii) any misrepresentation or misconduct; (iii) your use of and access to Blessing Stream; (iv) your violation of any term of these Terms of Service; (v) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (vi) any claim that one of your User Submissions caused damage to a third party. Such indemnification will include, without limitation, any claims from third parties arising out of or resulting from breach of any consumer warranty or strict liability or in connection with the dissemination or broadcast of any content furnished or supplied by Blessing Stream. These defense and indemnification obligations will survive these Terms of Service and your use of Blessing Stream.

Assignment

These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned and/or transferred by Blessing Stream without restriction.

Miscellaneous

You agree that Blessing Stream shall be deemed a passive Website that does not give rise to personal jurisdiction over Blessing Stream, either specific or general, in jurisdictions other than the State of Minnesota. Any claim or dispute between any User and Blessing Stream that arises in whole or in part from the Website or these Terms of Service shall be decided exclusively by a federal or state court of competent jurisdiction located in Hennepin County, Minnesota. These Terms of Service, together with the Privacy Policy published on Blessing Stream and any other legal notices published by Blessing Stream on the Website, shall constitute the entire agreement between you and Blessing Stream. If any provision of these Terms of Service is deemed invalid, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect.

If any provision of these Terms of Service is held to be illegal, invalid, or unenforceable, such provision will be fully severable; these Terms of Service will be construed and enforced as if such illegal, invalid or unenforceable provision had never comprised a part of these Terms of Service; and the remaining provisions of these Terms of Service will remain in full force and effect and will not be affected by the illegal, invalid, or unenforceable provision or by its severance from these Terms of Service. Furthermore, in lieu of such illegal, invalid, or unenforceable provision, there will be added automatically as part of these Terms of Service, a provision as similar in terms to such illegal, invalid, or unenforceable provision as may be possible and be legal, valid and enforceable.

Blessing Stream reserves the right to amend these Terms of Service at any time and without notice, and it is the User’s responsibility to review these Terms of Service for any changes. Your use of Blessing Stream following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. There is no partnership, employee-employer, agency, franchisor-franchisee or joint venture relationship between Blessing Stream and any User. You and Blessing Stream agree that any cause of action arising out of or related to Blessing Stream must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

Copyright Policy

Blessing Stream does not permit copyright infringing activities and infringement of intellectual property rights on Blessing Stream, and it will remove such Content if properly notified that the Content infringes another's intellectual property rights. Blessing Stream reserves the right to remove Content without prior notice, and it will terminate a User’s account if the User is determined to be a repeat infringer of copyright.

If you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing Blessing Stream with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works on Blessing Stream;

(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit Blessing Stream to locate the material;

(iv) Information reasonably sufficient to permit Blessing Stream to contact you, such as an address, telephone number and an electronic mail address;

(v) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Notice of claims of copyright infringement can be submitted as follows:

By mail:

Soul Stream Media
Attn: Copyright Issue
9056 Neill Lake Rd
Eden Prairie, MN 55347

By email: copyrightcontact@blessingstream.com

Please also note that under Section 512(f) of the US Copyright Act any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.