Expopreaching Terms & Conditions Of Use
1.INTRODUCTION
This is a legal Agreement between you or your church, company, firm or other organization ("you") and EFAC Australia ("ExpoPreaching"). ExpoPreaching is an activity operated by EFAC Australia. ExpoPreaching has been appointed agent by its content producers and contributors to grant this License on their behalf.
Please read this agreement carefully in its entirety before you download or use any Media. By downloading Media products on ExpoPreaching, you agree to be bound by a non-exclusive, non-transferable, revocable, limited license subject to the terms and conditions of this End User License Agreement ("EULA" or the "Agreement"). The license is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. ExpoPreaching has been granted sublicensable rights by the content producers and copyright owners of the Media. If you have any questions regarding this EULA and its terms please contact ExpoPreaching by email at:
2.THIS LICENSE GRANTS YOU THE FOLLOWING RIGHTS
You may download and exhibit, perform, or display Media in a church service of any kind including but not limited to a live stream or online service, ministry meeting, conference, Bible study, small group, life group, or any gathering of people in a non-commercial setting.
You may make one copy solely for the purposes of backing up or archiving Media.
You may forward a downloaded Media file or share through a cloud service, Media to persons who are within and represent your organization, paid or volunteer, and directly contribute to conducting church services, provided they agree to terms herein.
If you would like to use what you find here for your own preaching you may do so with the following proviso: that you don't change the intent behind, or the theology of, the sermon and that if you publish your own sermon in any form you acknowledge the author by whose work you've been helped.
As we believe that it is the Holy Spirit who inspires and empowers preachers to present God's Word to his people we do not hold any proprietary claim to the words that you will find here other than the requirement that you respect the study and thought that has gone into preparation of these sermons and if you use the work you find here you do not claim it as your own. If substantial parts of what you find here are used you must acknowledge the source if it is published in any form.
3.THIS LICENSE SPECIFICALLY PREVENTS THE PROCEEDING ACTIONS
You may not exhibit media at more than one physical location at a given time.
You may not make a copy of media available to congregations or members.
You may not copy, distribute, or transfer media to other persons outside of your organization.
You may not upload media to the cloud and allow others outside your organization to access it.
You may not use media for any commercial purposes, including, but not limited to reselling, incorporating into commercial works, or packaging with any other products for sale.
You may not exhibit, display, or broadcast in any fashion where the original content could be easily downloaded by a viewer through the Internet, Radio or Television including, but not limited to your church's website, your ministry's website, YouTube, Vimeo, GodTube, or any other public-facing video display platform.
You may not use media to create derivative works either through including a portion, or all, of media in new works or as a template, reference, or outline for new works.
You may not incorporate Media (or any part ) into a logo, trade mark, service mark, or application thereof.
You may not upload Media to your church website, YouTube, Vimeo, Facebook, or any other social sharing platform as a standalone piece of Media outside the context of a church service.
You may not use media in any manner that ExpoPreaching deems defamatory, obscene, libelous, or blasphemous.
You may not carry out any other activity with license granted material unless specifically permitted under this license agreement.
4.PROPRIETARY RIGHTS AND COPYRIGHTS
All copyrights related to available media are retained by the respective content producers and contributors of media displayed on ExpoPreaching. You acknowledge that all right, title, and interest in and to the Media, including without limitation, any and all trademark, copyright, and any other intellectual property rights therein remain with the content producers and contributors and nothing contained herein shall be construed to convey any rights or proprietary interest in the Media other than the specific limited rights granted in Section 2 herein. Your use of the Media bounds you by the copyright laws of Australia and international copyright treaties. You will retain the copyright notice, the name of ExpoPreaching and the respective content producer or contributor, the respective Media reference and any other information or metadata that is embedded in the electronic file that comprises any Media which you have downloaded or otherwise received from ExpoPreaching. All contents of the Service are: Copyright © 2020-2022 by ExpoPreaching or its content providers and contributors. You will immediately notify ExpoPreaching if you become aware or suspect that any third party has gained access to the Media through you, is wrongfully using the Media, in whole or in part, or is violating any of ExpoPreaching or ExpoPreaching’s intellectual property rights. You should direct questions and inquiries to
5.WARRANTY & LIMITATION OF LIABILITY.
ExpoPreaching makes no warranty, express or implied, including, without limitation, any implied warranties of fitness for a particular purpose. Neither ExpoPreaching nor its content producers or contributors shall be liable to you or any other person or entity by reason of any representation (unless fraudulent) or any implied warranty, condition or other term, or any duty at common law, or under the express terms of this Agreement for any loss of profit or any indirect, special or consequential loss, damage, costs, expenses or other claims (whether caused by the negligence of ExpoPreaching, its servants or agents or otherwise) which arises out of or in connection with this Agreement, even if ExpoPreaching has been advised of the possibility of such damages, costs or losses. ExpoPreaching's maximum liability arising out of or in connection with your use of or inability to use the Media (whether in contract, tort or otherwise) shall, to the extent permitted by law, be limited to five (5) times the value paid by you for the relevant Media.
Each provision of the immediately preceding paragraph in this Section 5 is to be construed as a separate limitation (applying and surviving even if for any reason one or other of such provisions is held to be inapplicable, unreasonable or unenforceable in any circumstances) and shall remain in force notwithstanding the termination of this Agreement
ExpoPreaching does not warrant the accuracy of the captioning, keywording or any other information associated with the Media.
6.CONTRIBUTORS TO ExpoPreaching
Expopreaching.org.au allows the posting of Media from and by Evangelical Christians who embrace traditional Christian theology ("Contributors") and who preach using an expository framework. This site is specifically for the posting and downloading of Media within and consistent with such faith and preaching philosophy. Those individuals or organizations are defined as having an agreement with the EFAC Australia Statement of Belief expressed in the EFAC Australia Constitution. Any Media submitted by you deemed, at any time, to be in opposition to that Statement of Belief may be refused and/or removed. This determination is at the sole discretion of any authorized person working on behalf of ExpoPreaching. In addition, ExpoPreaching reserves the right to remove any Media at any time for any or no reason, including an awareness of the ministry, lifestyle or practices of Contributors inconsistent with its understanding of the life and ministry of a Bible-believing Christian.
In addition to the limitation regarding theological and Christian faith practice, Contributors may not use this site in order to transmit, distribute, or store Media (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the copyright, or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others, or (c) that is defamatory, obscene, threatening, abusive or hateful.
You acknowledge that the purpose of this site is to allow other preachers to learn from and use your sermons in preparation of their own work and that ExpoPreaching has no control over the use that readers may make of your material.
You agree to the conditions expressed in clause 2 regarding the use of your material by those accessing the site.
Your submission as a Contributor will be subject to review upon submission and subsequently at any time. You acknowledge that you have no right(s) or expectation(s) as to the posting, acceptance or rejection of the Media you contribute.
7.INDEMNIFICATION
You agree to indemnify and hold harmless ExpoPreaching its content producers and contributors and their respective companies, parents, subsidiaries, successors, assigns, and all employees and agents thereof against any and all claims, damages, losses, expenses or costs, including but not limited to any reasonable attorney’s fees, arising out of any unauthorized use or allegedly unauthorized use of any Media supplied to you by ExpoPreaching, on behalf of any content producer or contributor, or any other breach by you of any of your obligations under this Agreement. The terms of this section shall survive the expiration or earlier termination of this Agreement.
8.EXCLUSION OF CONSEQUENTIAL AND OTHER DAMAGES
ExpoPreaching will not be liable to user or any third-party claimant for any direct, indirect, special, punitive, consequential, or incidental damages, whether based on a claim or action of contract, warranty, negligence, strict liability, or other tort, breach of any statutory duty, indemnity or contribution, or otherwise. The exclusion contained in this paragraph shall apply regardless of the failure of the exclusive remedy provided in the foregoing paragraph. Some states do not allow the limitation or exclusion of liability for incidental or consequential damages, so the limitations or exclusions in this and the foregoing paragraph may not apply to you.
9.TERMINATION
The License will terminate immediately if you (a) fail to comply with its terms; or (b) fail to perform any of your obligations under the Agreement within 28 days of our giving you notice to comply. In the event of termination, all rights granted will immediately revert to us and any further exploitation of any Media shall constitute an infringement of copyright.
10.MISCELLANEOUS TERMS
- No variation of any of these Terms shall be effective unless in writing and signed by ExpoPreaching and you. No action of ExpoPreaching, other than an express written waiver, may be construed as a waiver of any clause of this Agreement. In the event that ExpoPreaching waives any specific part of this Agreement, such fact does not mean that any other part is waived. In the event of any inconsistency between the Terms and the terms contained in any purchase order or other communication sent by you, the terms of this Agreement shall prevail.
- Should any clause of this Agreement be found unenforceable, that will not affect any other clause and each will remain in full force and effect.