WEBSITE TERMS AND CONDITIONS AGREEMENT BETWEEN USER AND TBN PACIFIC

The TBN Pacific Web Site is comprised of various web pages exclusively owned and operated by TBN Pacific.

This document provides important information regarding your use of the TBN Pacific Pacific Web Site. You are urged to read and understand it thoroughly prior to further accessing the TBN Pacific Web Site or utilizing any services provided therein. We also encourage you to periodically return to this page and access this information to review any changes or modifications that may have been made since your last review.

The TBN Pacific Web Site is offered to you conditioned on your acceptance, without modification, of the terms, conditions, and notices contained herein. Your use of the TBN Pacific Web Site acknowledges that you have read and understand these terms and conditions and that you agree to be bound by all such terms, conditions, and notices. If you do not agree to be bound by all of these terms, conditions and notices, promptly exit this page and the TBN Pacific Web Site without further accessing or using any other part of the TBN Pacific Web Site.

LINKS TO THIRD PARTY SITES

The TBN Pacific Web Site may contain links to other Web Sites ("Linked Sites"). The Linked Sites are not under the control of TBN Pacific and TBN Pacific is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. TBN Pacific is not responsible for web-casting or any other form of transmission received from any Linked Site. TBN Pacific is providing these links to you only as a convenience.

No Endorsement of any Linked Site, its owners, operators, services or products is expressed or implied by any information, material or content referred to or included on or linked from or to the TBN Pacific Web Site.

COPYRIGHT AND TRADEMARK NOTICES:

All contents of the TBN Pacific Web Site are registered trade-names and trademarks of TBN Pacific and/or its suppliers. All rights are reserved and any unauthorized use of them is strictly prohibited.

Likewise, the names of actual companies and products mentioned herein may be the trade-names and/or trademarks of their respective owners. The display of trademarks or trade-names on this website does not convey or create any license or other rights in the marks or names. All rights are reserved and any unauthorized use of them is strictly prohibited.

Any rights not expressly granted herein are reserved.

DIGITAL USAGE POLICY

As a user/customer of TBN Pacific's website, Apps, Digital Service and VIP platform, you agree that all material Streamed, Purchased and Viewed is only for personal use. As the "end user" you agree to the terms set forth. If you do not accept or agree with these terms, do not download or subscribe any digital media.

The use of the digital media is strictly subject to the terms, conditions, and restrictions set forth in this Policy and "terms of use".

Restrictions of use;
For the avoidance of doubt, you agree that you may not (without limitation):
1. Copy, reproduce, “rip”, record, make available to the public or otherwise use any part of TBN Pacific's website Apps Broadcasts and VIP Streaming Service or its content (including but not limited to tracks, images and text) in a manner not expressly permitted under this Agreement;
2. Use the TBN Pacific's website, Apps and Digital Service to to download any media (rip) for personal use;
3. Use the TBN Pacific's website, Apps and Digital Service to source music that is subsequently used on a consumer download or streaming site without prior approval from TBN Pacific;
4. Use the TBN Pacific's website, Apps and Digital Service to source music for background music systems or jukeboxes without prior approval from TBN Pacific;
5. Orovide your password to any other person or use any other person’s user name and password. Your user name and password is your responsibility and you are solely responsible for all activity that takes place under your account;
6. Reverse-engineer, decompile, disassemble, modify or create derivative works based on the TBN Pacific's website Apps Broadcasts and VIP Streaming Service or any part thereof;
7. Assist anyone to or to attempt to, reverse engineer, de-compile, disassemble, modify, copy, lend, hire, sub-license, create derivative works from, distribute, commercially exploit or transfer in any other way the TBN Pacific service in whole or part;
8. Use the TBN Pacific's website, Apps and Digital Service to distribute software viruses or other harmful programs;
9. Rent or lease any part of the TBN Pacific's website Apps application/ service; and
10. Use the TBN Pacific's website Apps Broadcasts and VIP Streaming Service in a way that violates the terms of this Agreement.
11. Use any audio files or data from the TBN Pacific… For Media service to compete commercially with Broadchart International Ltd trading as TBN Pacific, or any of its subsidiaries, joint ventures or commercial partnerships.
12. Use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;
13. Use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
14. Use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
15. Conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;
16. Access or otherwise interact with our website using any robot, spider or other automated means;
17. Violate the directives set out in the robots.txt file for our website; or
18. Use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).
19. You must not use data collected from our website to contact individuals, companies or other persons or entities.
20. You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and non-misleading.
21. In addition to the above, you agree to take all reasonable care to prevent unauthorised use of TBN Pacific's website, Apps and Digital Service.
22. You acknowledge that each of the Recordings/Songs/Music Video and Artist Recordings is the property of Licensor and its musicians, producers, and composers (“Artists”). If you are entering this Agreement on behalf of an organization, entity, or company, then that entity is bound to the license granted and the restrictions and limitations detailed herein (and such entity or organization is included in the term "Licensee") regardless of your future employment and/or relationship with such entity. You acknowledge representations you made regarding license details including project type, size, distribution, paid advertising, territory, term and exclusivity are true and correct

INTELLECTUAL PROPERTY

TBN Pacific respects intellectual property rights, and expects you to do the same. Please note therefore that Pacific's website, Apps, Digital Service and VIP platform and the content provided through the TBN Pacific service is the property of TBN Pacific or TBN Pacific’s licensors and protected by intellectual property rights (including but not limited to copyright) and that you do not have a right to use TBN Pacific's website, Apps, Digital Service and VIP platform (including but not limited to its content) in any manner not specified by the terms.

Some services may be a streaming service or sale/free offer to download music videos which may be licensed. A separate licensing agreement is needed for the use of public distribution and broadcast of any kind and it is the sole responsibility of the user to obtain these.

It is the users’ responsibility to check this and conform to the terms of other license we may grant for the use of any public works. Once the media has been downloaded, the user must only use it for personal "singular" use.

Further, you may not remove or alter any copyright, trade mark or other intellectual property notices contained on or provided through the TBN Pacific TBN Pacific's website, Apps, Digital Service and VIP platform.

DOWNLOAD POLICY

1. Introduction

1.1 These terms and conditions shall govern the sale and supply of downloadable videos through our website, and the use of those videos.
1.2 You will be asked to give your express agreement to these terms and conditions before you place an order on our website.
1.3 Any statutory rights that you may have as a consumer are not affected by these terms and conditions.

2. Interpretation

2.1 In these terms and conditions:
(a) "we" means (name) (and "us and "our" should be construed accordingly);
(b) "you" means our customer or prospective customer under these terms and conditions (and "your" should be construed accordingly);
(c) "videos" means those videos that are available for purchase on our website; and
(d) "your videos" means any such videos that you have purchased through our website (including any enhanced or upgraded version of the videos that we may make available to you from time to time).

3. Order process

3.1 The advertising of videos on our website constitutes an "invitation to treat" rather than a contractual offer.
3.2 No contract will come into force between you and us unless and until we accept your order in accordance with the procedure set out in this Section 3( or (alternative order procedure)).
3.3 To enter into a contract through our website to purchase downloadable videos from us, the following steps must be taken: (you must add the videos you wish to purchase to your shopping cart, and then proceed to the checkout; if you are a new customer, you must then create an account with us and log in; if you are an existing customer, you must enter your login details; once you are logged in, you must consent to the terms of this document; you will be transferred to our payment service provider's website, and our payment service provider will handle your payment; we will then send you an initial acknowledgement; and we will either send you an order confirmation (at which point your order will become a binding contract) or we will confirm by email that we are unable to meet your order).
3.4 You will have the opportunity to identify and correct input errors prior to making your order during the process.

4. Prices

4.1 Our prices are quoted on our website.
4.2 We will from time to time change the prices quoted on our website, but this will not affect contracts that have previously come into force.
4.3 All amounts stated in these terms and conditions or on our website are stated (inclusive of GST) OR (exclusive of GST).

5. Payments

5.1 You must, during the checkout process, pay the prices of the videos you order.
5.2 Payments may be made by (any of the permitted methods specified on our website from time to time).

6. Licensing of videos

6.1 We will supply your videos to you in the format or formats specified on our website, and by such means and within such periods as are specified on our website.
6.2 Subject to your payment of the applicable price and compliance with these terms and conditions, we grant to you a (worldwide, non-expiring, non-exclusive, non-transferable) licence to make any use of your videos permitted by Section 6.3, providing that you must not in any circumstances make any use of your videos that is prohibited by Section 6.4.
6.3 The "permitted uses" of your videos are: (a) downloading a copy of each of your videos;
(b) making, storing and playing copies of your videos on (not more than 3) desktop, laptop or notebook computers, including through a television screen or projector; and
(c) making, storing and playing copies of your videos on (not more than 3) smartphones, tablet computers, media players or other portable devices.
6.4 The "prohibited uses" of your videos are:
(a) the publication, sale, licensing, sub-licensing, renting, transferring, transmission, broadcasting, distribution or redistribution of any video (or part thereof) in any format;
(b) the editing, modification, adaptation or alteration of any video (or part thereof), and the creation of any derivative work incorporating any video (or part thereof);
(c) the use of any video (or part thereof) in any way that is unlawful or in breach of any person's legal rights under any applicable law, or in any way that is offensive, indecent, discriminatory or otherwise objectionable;
(d) the use of any video (or part thereof) to compete with us, whether directly or indirectly;
(e) (any commercial use of any video (or part thereof)); and
(f) the circumvention or removal of, or any attempt to circumvent or remove, the technological measures applied to any video for the purpose of preventing unauthorised use,providing that nothing in this Section 6.4 will prohibit or restrict you or any other person from doing any act expressly permitted by applicable law.
6.5 You warrant to us that you have access to the necessary computer systems, media systems, software and network connections to receive and enjoy the benefit of your videos.
6.6 All intellectual property rights and other rights in the videos not expressly granted by these terms and conditions are hereby reserved.
6.7 You must retain, and must not delete, obscure or remove, copyright notices and other proprietary notices on or in any video.
6.8 The rights granted to you in these terms and conditions are personal to you, and you must not permit any third party to exercise these rights.
6.9 If you breach any provision of these terms and conditions, then the licence set out in this Section 6 will be automatically terminated upon such breach.
6.10 You may terminate the licence set out in this Section 6 by deleting all copies of the relevant videos in your possession or control.
6.11 Upon the termination of a licence under this Section 6, you must, if you have not previously done so, promptly and irrevocably delete from your computer systems and other electronic devices all copies of the relevant videos in your possession or control, and permanently destroy any other copies of the relevant videos in your possession or control.

7. Guarantee

7.1 This Section 7 applies to (all our customers that purchase any video under these terms and conditions).
7.2 If, within (24 hours following the purchase of any video), you (notify us in writing that you require a refund and confirm to us in writing that have irreversibly deleted all the relevant files and derivatives thereof):
(a) we will promptly refund the corresponding payment to you; (b) your licence to use the video will automatically terminate, subject to the express terms of this Section 7. 7.3 The guarantee set out in this Section 7 is subject to the following limitations: (a) (the rights under this Section 7 may only be exercised by a customer in relation to (one purchase) in each calendar year); and
(b) (we reserve the right not to provide a refund under this Section 7 if we reasonably suspect that the refund request amounts to an abuse of this guarantee).
(additional list items)
7.4 We will usually refund money using the same method used to make the payment.
7.5 Any statutory rights that you may have as a consumer are not affected by these terms and conditions.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the TBN Pacific Web Site, you warrant to TBN Pacific that you will not use the TBN Pacific Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the TBN Pacific Web Site in any manner which could damage, disable, overburden, or impair the TBN Pacific Web Site or interfere with any other party's use and enjoyment of the TBN Pacific Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the TBN's Web Sites.

USE OF COMMUNICATION SERVICES

The TBN Pacific Web Site may contain bulletin board services, chat areas, news groups, forums, communities, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

1. Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
2. Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
3. Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
4. Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
5. Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
6. Conduct or forward surveys, contests, pyramid schemes or chain letters.
7. Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
8. Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
9. Restrict or inhibit another user from using/enjoying the Communication Services.
10. Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
11. Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
12. Violate any applicable laws or regulations.

TBN Pacific has no obligation to monitor the Communication Services. However, TBN Pacific reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. TBN Pacific reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

TBN Pacific reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in TBN Pacifics sole discretion.

TBN Pacific does not control or endorse the content, messages or information found in any Communication Service and, therefore, TBN Pacific specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized TBN Pacific spokespersons, and their views do not necessarily reflect those of TBN Pacific.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

MATERIALS PROVIDED TO TBN PACIFIC OR POSTED AT ANY TBN WEBSITE

TBN Pacific does not claim ownership of the materials you provide to TBN (including feedback and suggestions) or post, upload, input or submit to any TBN Web Site or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting TBN Pacific, its affiliated companies and necessary sub-licensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. TBN Pacific is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in TBNs' sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

DONATION, PURCHASES AND SUBSCRIPTION REFUND POLICY

Since 2 Corinthians 9:7 states "Let each one give as he has made up his own mind and purposed in his heart, not reluctantly or sorrowfully or under compulsion", our policy is simple... if an amount is to be refunded, it will be done without question (when notified within reasonable time. ie. within 48 hours). We do not wish for you to give out of what you don't have but only within the means God has blessed you with. So please process your donation carefully AND prayerfully.

If you purchased an item on our online shop and have found it has defect we will happily exchange it or refund it in full in the event we cannot replace the item with an identical item. We cannot process refunds if you a change your mind once an order is placed unless there was a technical issue or an unauthorized purchase. In the event you have purchased the wrong item, please contact us immediately and we will try and resolve the issue for you. Some handling fees and reversal charges may apply to order alterations. We do not reimburse shipping costs if you ordered the wrong item but will exchange the item if it is not damaged and we have been notified within 2 business days from receiving the product.

All subscriptions are non-refundable. If you have a technical issue, please contact us for technical support.

LIABILITY DISCLAIMER

The information, software, products, and services included in or available through the TBN Pacific Web Site may include inaccuracies or typographical errors. Changes are periodically added to the information herein. TBN Pacific and/or its suppliers may make improvements and/or changes in the TBN Pacific Web Site at any time. Advice received via the TBN Pacific Web Site should not be relied upon for personal, medical, legal or financial decisions and you should consult and apprpriate professional for specific advice tailored to your situation.

TBN Pacific and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services and related graphics contained on the TBN Pacific Web Site for any purpose to the maximum extent permitted by applicable law, all such information, software, products, services and related graphics are provided "as is" without warranty or condition of any kind. TBN Pacific and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement.

To the maximum extent permitted by applicable law, in no event shall TBN Pacific and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, date or profits, arising out of or in any way connected with the use or performance of the TBN Pacific Web Site, with the delay or inability to use the TBN Pacific Web Site or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the TBN Pacific Web Site, or otherwise arising out of the use of the TBN Pacific Web Site, whether based on contract, tort, negligence, strict liability or otherwise, even if TBN Pacific or any of its Suppliers has been advised of the possibility of damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of the TBN Pacific Web Site, or with any of these Terms of Use, your sole and exclusive remedy is to discontinue using the TBN Pacific Web Site.

INDEMNITY

You agree to defend, indemnify and hold harmless, TBN Pacific, its suppliers and affiliates, and each of their officers, directors, employees and agents, including all third parties mentioned on the TBN Pacific Web Site, from and against any and all claims, actions, demands, including without limitation reasonable legal and accounting fees, alleging or resulting from you use of the TBN Pacific web site and the content or your breach of these Terms and Conditions.

TERMINATION/ACCESS RESTRICTION

TBN Pacific reserves the right, with or without cause and in its sole discretion, to terminate your access to the TBN Pacific Web Site and the related services or any portion thereof at any time, without notice.

CHOICE OF LAW & GENERAL PROVISIONS

To the maximum extent permitted by law, this agreement is governed by the laws of Australia. and you hereby consent to the exclusive jurisdiction and venue of courts in Australia. in all disputes arising out of or relating to the use of the TBN Pacific Web Site. You agree to waive jurisdiction or venue in any other place. Use of the TBN Pacific Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.

Caveat for International Users: This Site is controlled, operated and administered by TBN Pacific from its offices within Australia. TBN Pacific makes no representation that materials at this site are appropriate or available for use at other locations outside of the Australia and access to them from territories where their contents are illegal is prohibited. You may not use the Site or export the Materials in violation of Australian laws and regulations. If you access this Site from a locations outside of the United States, you are responsible for compliance with all local laws. These Terms and Conditions of use shall be governed by the laws of the State of Queensland, Australia without giving effect to its conflict of laws provisions.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and TBN Pacific as a result of this agreement or use of the TBN Pacific Web Site. TBN Pacific's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of TBN Pacific's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the TBN Pacific Web Site or information provided to or gathered by TBN Pacific with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and TBN Pacific with respect to the TBN Pacific Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and TBN Pacific with respect to the TBN Pacific. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.

MODIFICATION OF THESE TERMS OF USE

TBN Pacific reserves the right to change the terms, conditions, and notices under which the TBN Pacific Web Site is offered, including but not limited to the charges associated with the use of the TBN Pacific Web Site. It is the responsibility of the User of this site to periodically access this Website Terms and Conditions Agreement and to review it for any changes or modifications.

PRIVACY

Please view our Privacy Policy.