It is appropriate and necessary that we draw your attention to a topic within the Terms of this Agreement that could greatly impact your ability to seek legal remedies. While we anticipate being able to resolve any conflict that arises, ALL UNRESOLVED CONFLICTS WILL BE RESOLVED THROUGH ARBITRATION ON AN INDIVIDUAL BASIS. YOU CANNOT SEEK LEGAL RECOURSE THROUGH STATE OR FEDERAL COURTS, THROUGH JURY OR BENCH TRIALS, OR THROUGH A CLASS ACTION. PLEASE REVIEW THESE TERMS IN FULL IN SECTION 11.
- Service and Terms
Axis (“we,” or “us”) is a 501(c)(3) non-profit organization that provides faith-based content that allows any person using the Site (“User,” “you” or “your”) to access videos, studies, and downloadable information (collectively, the “Content.” See further description in section 2.1). The Content, the player provided for viewing the Content (“Video Player”), and other products, tools, and software, some of which are original and some provided by third-parties, are collectively known as the “Services” (“Service(s)”). This is a legal agreement between you and Axis, and it governs your use of the Sites.
These Terms, together with all updates, constitute an agreement between you and Axis (“Agreement”). By accessing or browsing our Site, you signify that you have read, understood, and agreed to be bound by this Agreement. Furthermore, by registering with the Site, installing the Site’s software and/or creating a personal profile, you acknowledge that you have read and understood this agreement and agree to be bound by its terms and conditions. IF YOU DO NOT AGREE TO (OR CANNOT COMPLY WITH) THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT INSTALL, REGISTER, OR OTHERWISE USE THE SITE, SOFTWARE, OR CONTENT AVAILABLE ON OR THROUGH THE SITE. AXIS MAY REFUSE ACCESS TO THE SITE AND ITS CONTENT FOR NONCOMPLIANCE WITH ANY PART OF THIS AGREEMENT.
- Use of Services
2.1 License. Once your church or organization (“Organization(s)”) registers with the Site, Axis hereby grants to the User a limited, non-exclusive, non-transferable, freely revocable license to access and use the Site and its content, including, but not limited to, the right to listen, view, read, download, or print a single copy of any portion of the content to which you have properly gained access solely for your personal, non-commercial use, provided that you do not alter, delete, or conceal any copyright, trademark, Intellectual Property (IP), or other notices contained within the written Content or Site. Notwithstanding your right to print a single copy of a portion of the Content as set forth herein, you shall have no right to distribute, republish, sell, or resell any content or portion thereof. Organizations may be subject to additional terms and conditions with Axis, which shall be provided upon registration with the Site and/or payment to Axis.
Upon your Organization’s registration with the Site, Axis further grants your Organization with the right and license to allow certain Users affiliated with the Organization to create personal profiles for use on the Organization’s group network for access to the Site and permits such users to access images, photographs, illustrations, audio/ video material, artwork, text, software, and other proprietary material on the Site (all such content is collectively “Content” in addition to the description in section 1). The number of Users provided access to the Site through an Organization’s network shall depend on the pricing package acquired by the Organization. For clarity, aside from the foregoing limited license, you acknowledge that you and your Organization shall acquire no ownership rights or other rights in any Content used or software code used for the Site.
The Site may provide your Organization and its Users with an opportunity to submit, post, display, transmit and/or exchange information, ideas, opinions, photographs, images, video, creative works or other information, messages, transmissions, or material to us or others on or through the Site. Axis will adhere to high-quality and ethical standards in the creation of Content; however, in using the Site, you may be exposed to Content that you find offensive, indecent, objectionable, or that is inaccurate and you bear all risks associated with using that Content.
2.2 Communications with Users and Organizations. You understand that from time to time, you may communicate with, receive communications from, or otherwise participate in or use the Site to obtain goods from third parties as a result of your use of the Site. All such communication, interaction, and participation is strictly and solely between you and such third party, and Axis shall not be responsible or liable to you in any way in connection with these activities or transactions (including, but not limited to, any representations, warranties, covenants, contracts, or other terms or conditions that may exist between you and the third party, or any goods that you may purchase or obtain from any third party). In particular, the appearance or availability of links to any other website not the Site (“Third-Party Sites”) on or through the Site does not constitute an endorsement by Axis with respect to the content, advertising, products, or other materials available on or from such sites.
You further understand and agree that the Site may include certain communications to you from Axis or your Organization (such as administrative messages and certain newsletters) and that these communications are considered part of the Site and that you may not be able to opt out of receiving some of them. Axis may also provide you with other communications regarding the Site or changes to the Terms of this Agreement. Unless explicitly stated otherwise, any new features that augment or enhance the current Site shall be subject to this Agreement.
You are responsible for obtaining the technology and Internet service to access and use the Site and acknowledge and agree that such technology and service may involve third-party fees (such as an Internet service provider, airtime charges, or data rates), for which you are solely responsible, including without limitation any fees associated with the display or delivery of advertisements. In addition, you are responsible for updating and managing all equipment necessary to access the Site, such as software updates or other updates that further enhance the User’s ability to enjoy the Services.
- Use of the Site
The User and Organization agree that you shall only use the Site for your personal use and not for commercial purposes. Each User and Organization shall not exploit or sell access to the Site, which includes the Organization’s members or to external third parties. Each User and Organization further agrees not to redistribute, resell, republish, or otherwise transfer any Content obtained through the Site to any other party. Any use for commercial purposes, such as selling access and subscriptions, is strictly prohibited and will result in the termination of your Account and subject you to legal liability.
Users and Organizations shall not share subscription access with anybody outside of the Organization or not associated with the Organization. If a situation arises that you would like to share Axis with someone outside of your Organization, please contact us and we will be happy to evaluate each request on a case-by-case basis.
- Accounts, Registration, and the Collection and Use of Personal Information
You agree to provide accurate, current, and complete information required to register with the Site and at other points as may be required in the course of using the Site (collectively “Registration Data”). You further agree to maintain and update your Registration Data as required to keep it accurate, current, and complete. We may terminate your rights to any portion of the Site or to the entire Site if any information you provide is false, inaccurate, or incomplete and may report you to authorities as necessary. You agree that we may store and use the Registration Data you provide for you and any other Users, authorized or not, that are provided access through an Organization. You agree to verify all information with us as we may request. Axis may suspend your Account (as defined below), in its sole discretion, until such information is verified to Axis’ satisfaction. Axis may terminate your Account if you do not comply with our requests or confirm your identity to our satisfaction.
4.1 User Account and Security. As a registered user of the Site, you or your Organization may receive or establish an account (“Account”). You are solely responsible for maintaining the confidentiality and security of your Account. You should not reveal your Account information to anyone else or use anyone else’s Account. You are entirely responsible for all activities that occur on or through your Account, and you agree to immediately notify us of any unauthorized use of your Account or any other breach of security. We shall not be responsible for any losses arising out of the unauthorized use of your Account. You understand that the Site and any products purchased through the Site may include a security framework using technology that protects digital information and limits your usage of products to certain usage rules established by us and our licensors as applicable.
4.2 COPPA Compliance and Age Restrictions. This Site complies with the Children’s Online Privacy Protection Act (“COPPA”). The Services are not intended to be used by children without the involvement and approval of a parent or guardian. If you are under the age of 13, you are not permitted to register with Axis or provide your personal information to us. If you are at least 13 but under 18 years of age (or under the applicable age of majority in your state or territory of residence), you may register with Axis only if you have the consent of your parent or guardian, including consent to these Terms on your behalf.
4.3 User Profiles. Our Site may allow users to make some of their personal information (including, but not limited to, name, address, phone number, etc.) available to other visitors as part of their profile or other listing. These information fields are clearly identified as part of the registration process. As with all other Content on the Site, we reserve the right to refuse (or remove) listings at our sole discretion, and without prior notice, if we determine that they are inaccurate, were posted without authorization, or otherwise violate this Agreement.
4.4 Rules of Conduct. Your use of the Site is subject to all applicable local, state, federal, and international laws and regulations, and you agree not to violate such laws and regulations. In addition, you agree that you will not interfere with another User’s use and enjoyment of the Site. You will not interfere with or disrupt the security measures of the Site or disrupt networks connected to the Site. You will comply with all regulations, policies, and procedures of such networks.
You further agree that you will not use the Site to send or transmit “spam” (junk email) or unsolicited messages to Users, Organizations, or Axis; promote or generate revenue for any business or commercial purposes, including the collecting of usernames, user IDs, and/or email addresses, unless authorized by Axis; impersonate any person or entity, intentionally or unintentionally, or create a false identity on the Site; collect or store personal data about other users; or make publicly available on the Site or otherwise transmit any private information of any third party. You are solely responsible for your interactions with other users. We reserve the right, but assume no obligation, to become involved in any way with disputes between you and other users.
4.5 Communications with Axis. From time-to-time, you may need assistance and reach out to Axis via our help desk, online chat, email, or by telephone. Likewise, Axis may reach out to you to conduct workshops, training sessions, status updates, etc. If you have registered for one of our live events or are a User of the Site, Axis may communicate with you by text. Please know that all of these communications, regardless of form or medium, will be recorded and stored to assist our team for training purposes and also ensure that we have and will continue to serve you in the best possible way.
- System Requirements
Use of the Site requires a compatible device, Internet access, and certain software which may require obtaining updates or upgrades from time-to-time. Because use of the Site involves hardware, software, and Internet access, your ability to use the Site may be impacted by the performance of these factors. High-speed Internet access is strongly recommended. You acknowledge and agree that such system requirements, which may be changed from time-to-time, are your responsibility. The Site is not part of any other product or offering, and no purchases or obtaining of any other products shall be construed to represent or guarantee you access to the Site.
- Intellectual Property and Proprietary Rights
All Content on the Site are available through the Site, including but not limited to designs, text, graphics, images, logos, photographs, illustrations, audio and video material, artwork, information, database, proprietary information and all copyrights, trademarks, patents or other legally protectable elements of the Site, and their selection and arrangement (all collectively, “Site IP”), but excluding any Submissions, are the proprietary property of the Axis, its users, or its licensors with all rights reserved. Axis and its licensors, in their sole discretion, may remove Content from the Site without notice.
Except as provided within this Agreement or absent the express written consent of Axis, you may only view the Content provided on the Site and you may not modify, copy, distribute, frame, reproduce, republish, download, display, post, transmit, create a derivative work, or broadcast or otherwise circulate to any third party (including, without limitation, on or via a third-party website), or otherwise use, any Site IP (except for your Submissions). ANY OTHER USE OF THE SITE OR THE CONTENT IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF AXIS AND/OR OTHERS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES THAT INCLUDE PUNITIVE DAMAGES, REASONABLE ATTORNEY’S FEES, AND/OR ANY OTHER REMEDIES AVAILABLE TO A COURT.
- Links to Third-Party Sites and Content. The Site may contain links to Third-Party Sites as well as articles, photographs, text, graphics, pictures, designs, video, audio, information, applications, and other content or items belonging to or originating from third parties (the “Third-Party Content”). Such Third-Party Sites and Third-Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites accessed through the Site or any Third-Party Content posted on, available through or installed from the Site, including without limitation the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Sites or the Third-Party Content.
Inclusion of, linking to or permitting the use or installation of any Third-Party Site or any Third-Party Content does not imply approval or endorsement by Axis. If you decide to leave the Site and access a Third-Party Site or to use or install any Third-Party Content, you do so at your own risk and you should be aware that the Terms no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any Third-Party Site to which you navigate from the Site or relating to any applications you use or install from the Third-Party Site.
- Termination of Rights. Axis has the right to take any or all of the following actions at our sole discretion at any time and for any reason without giving you any prior notice. This includes but is not limited to:
- restricting, deactivating, suspending, or terminating your access to all or any part of the Site, including deletion of your Account and all related information and files in your Account;
- refusing, moving, or removing any material that you submit on or through the Site or that is available on the Site;
- establishing general practices and limits concerning use of the Site;
- any breach or violation of this Agreement;
- requests by law enforcement or other government agencies to do so;
- a request by you;
- discontinuance or material modification to any part of the Site; or
- unexpected technical or security issues or problems.
You agree that Axis will not be liable to you or any third party for taking any of these actions. Except as otherwise provided herein, you may terminate this Agreement for any reason (or no reason) at any time upon written notice to Axis.
Provisions regarding proprietary rights, termination, legal compliance, enforcement, Third-Party Sites and Third-Party Content, disclaimers, limitations of liability, waivers, indemnity, notice, and any obligations to pay amounts due prior to termination shall survive termination or expiration of this Agreement for any reason.
- Indemnification, Disclaimer of Warranties, and Limitation of Liability
9.1 Indemnification. You hereby agree to indemnify, defend, and hold Axis, its subsidiaries, parent corporation and affiliates, and all of their respective officers, directors, owners, employees, agents, attorneys, licensors, representatives, licensees, and suppliers (collectively, the “Axis Parties”), harmless from and against any and all liability, harm, losses, expenses, damages, and costs, including reasonable attorney’s fees, incurred by any of the Axis Parties in connection with any claim arising out of your use of the Site, any use or alleged use of your accounts or your passwords by any person, whether or not authorized by you, the content you submit, post, transmit, or make available through the Site (including without limitation any musical recordings, lyrical recordings, audiovisual works, text, and images you upload or otherwise provide to the Site), your violation or breach of any part of this Agreement, your connection to the Site, your breach of any representation or warranty under this Agreement, or your violation of the rights of any other person or entity, including the Site IP.
9.2 WARRANTY DISCLAIMERS AND LIMITATIONS ON LIABILITY. YOU UNDERSTAND THAT THE SITE AND CONTENT IS PROVIDED BY AXIS “AS IS,” AND THAT AXIS DOES NOT GUARANTEE THE ACCURACY, INTEGRITY OR QUALITY OF ANY CONTENT AVAILABLE ON OR THROUGH THE SITE. IN THIS REGARD, YOU ACKNOWLEDGE THAT YOU SHOULD NOT RELY ON ANY OF THIS CONTENT. YOU AGREE THAT YOUR USE OF THE SITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY THE LAW, AXIS AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, ASSOCIATED WITH THE SITE AND CONTENT AND YOUR USE THEREOF, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. AXIS MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT, THE SITE IP, OR THE CONTENT OF ANY THIRD-PARTY SITE. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
AXIS ASSUMES NO LIABILITY OR RESPONSIBILITY FOR YOUR USE OF THIS SITE, INCLUDING WITHOUT LIMITATION ANY (I) ERRORS, MISTAKES, OR INACCURACIES IN CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF AXIS’ SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/ OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. AXIS DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND AXIS WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OR PRODUCTS. YOU ASSUME ALL RISK AS TO THE QUALITY, FUNCTION, AND PERFORMANCE OF THE SITE, AND TO ALL TRANSACTIONS YOU UNDERTAKE ON THE SITE, INCLUDING WITHOUT LIMITATION SUBMISSION OF ANY USER CONTENT.
IN NO EVENT WILL THE AXIS PARTIES BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL, RELIANCE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF DATA OR PROFITS, OR FOR INABILITY TO USE THE SITE, EVEN IF THE AXIS PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE AXIS PARTIES EXCEED ONE HUNDRED DOLLARS ($100.00) FOR ANY AND ALL CLAIMS, DAMAGES, AND OTHER THEORY OF LIABILITY, INCLUDING NEGLIGENCE. SOME U.S. STATES DO NOT ALLOW, AND OTHER JURISDICTIONS MAY NOT ALLOW, THE LIMITATION OF LIABILITY, SO THE FORGOING DISCLAIMER MAY NOT APPLY TO YOU IF PROHIBITED BY APPLICABLE LAW.
- Copyright Infringement Notice. It is Axis’ policy to comply with all intellectual property laws and to act expeditiously upon receipt of a valid notice of claimed infringement. If you believe your original work of authorship has been reproduced in or on this Site in a manner that constitutes copyright infringement, you are required to provide a notice of the copyright infringement containing all of the following information:
- Identification of the Content on the Site that is claimed to be infringing or if multiple copyrighted works posted are to be covered by a single notification; a representative list of such works.
- 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 which is to be disabled, and information reasonably sufficient to permit Axis to locate the material on its server.
- Information reasonably sufficient to permit Axis to contact you, such as an address, telephone number, and an email address at which you may be contacted.
- A statement that you have a good faith belief that use of the Content in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement, under penalty of perjury, that the information in the notice of copyright infringement is accurate, and that you are authorized to act on behalf of the owner of the right that is allegedly infringed.
All notices of copyright infringement must be sent to via email to email@example.com or to the following address:
Attention: Copyright Agent
PO BOX 63572
COLORADO SPRINGS, CO 80962
- Binding Arbitration and Class Action Waiver. We at Axis pride ourselves on excellent customer service. We hope that we never have a dispute that we can’t resolve or work out between us. If for some reason a dispute arises that we cannot resolve informally, you agree to the follow dispute resolution procedure and guidelines below. You agree to binding arbitration and waive, and give up any right whatsoever to file a class action lawsuit or class-wide arbitration. Furthermore, you agree that you cannot sue us in state or federal court in front of a judge or jury. As an exception to this arbitration agreement, Axis is happy to give you the right to pursue resolution through small claims court, or any claim that is within that court’s jurisdiction as long as you proceed only on an individual basis.
11.1 90-day Resolution. In the unlikely event that a dispute arises, you agree to give us 90 days from the day you brought the issue to our attention to resolve any issue informally before proceeding to arbitration. If for some reason after the 90 days has passed and the issue is still not resolved, then (and only then) may you proceed to arbitration.
11.3 Class Action Waiver. You and Axis agree to arbitrate in each of our individual capacities only, not as a representative or member of a class (either class action law suit or a class-wide arbitration), and each of us expressly waives any right to file a class action or seek relief on a class basis. You and Axis further agree that no lawsuits will be filed against one another, individually or on the basis of a class action lawsuit, and all disputes will be handled according to this Agreement.
- General Information
12.2 Headings. The section titles in this Agreement are for convenience only and have no legal or contractual effect.
12.3 Changes. Changes to these Terms can often happen and it is your responsibility to regularly check these Terms to ensure compliance with any updates. Axis will always try to notify you of any changes, but in the event a notification was not sent or was not received by the User, it is still your responsibility to act in accordance with these Terms. These Terms apply to anyone with access to the Sites, whether this access is authorized or unauthorized. Your continued use of the Site following any update to these Terms will constitute acceptance and assent to the new and updated Terms.
12.4 Notice. We may be required by law to notify you of certain events. You hereby acknowledge and consent that such notices will be effective upon our posting them on or through the Site or delivering them to you through email. You may update your email address on the Site. If you do not provide us with accurate information, we cannot be held liable if we fail to notify you. You have the right to request that we provide such notices to you in paper format, and may do so by contacting Axis at PO BOX 63572 COLORADO SPRINGS, CO 80962.
12.6 Choice of Law and Forum. The formation, construction, and interpretation of this Agreement shall be controlled by the laws of the State of Colorado. Any dispute relating to this Agreement shall be subject to the exclusive personal jurisdiction of the State and Federal Courts located in El Paso County, Colorado, and you expressly agree to submit to the personal and exclusive jurisdiction of these courts.
12.7 Waiver and Severability. The failure of Axis to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of the Agreement is found by a court of competent jurisdiction to be invalid, you and Axis nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Agreement will remain in full-force and effect.
12.8 Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of your use of the Site or the Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Last updated: 9/22/2020