BibleGateway, a division of The Zondervan Corporation, authorizes you to use the BibleGateway Widgets (defined below), subject to your compliance with the following BibleGateway Widgets Terms of Service (“WTOS”), which incorporates by reference the BibleGateway Terms of Service ("TOS"), each of which may be changed by BibleGateway from time to time without notice to you (collectively, the "Terms of Service"). If you choose to use BibleGateway Widgets after any change to the Terms of Service, it means you agree to such change.
- DESCRIPTION OF WIDGETS. Widgets are small software modules operating within BibleGateway’s widget environment and appearing on your Site that provide you with access to a variety of content and services. Some widgets, including the content and services provided therein, are made available for your use by BibleGateway (each a “BibleGateway Widget”) subject to these Terms of Service. You will be able to recognize BibleGateway Widgets by their distinctive BibleGateway branding. Other widgets, including the content and services provided therein, may be made available for your use by third parties (each a “Third Party Widget”). Your use of Third Party Widgets and BibleGateway’s disclaimer of responsibility for such widgets are discussed in Section 7 below.
- BIBLEGATEWAY WIDGETS LICENSE GRANT. Subject to the terms and conditions of these Terms of Service and except as otherwise expressly set forth herein, BibleGateway grants you a worldwide, non-exclusive, non-transferable, non-sublicensable right and license to download, access, and use the BibleGateway Widgets solely for your personal use.
- BIBLEGATEWAY WIDGETS RESTRICTIONS. You may not do any of the following with any BibleGateway Widgets: (a) decompile, reverse engineer, disassemble, modify, rent, lease, loan, distribute, or create derivative works or improvements from BibleGateway Widgets or any portion thereof, or attempt to discover any source code, protocols, or other trade secrets in BibleGateway Widgets; (b) obtain or attempt to obtain unauthorized access to the BibleGateway network; (c) incorporate BibleGateway Widgets into any hardware or software device; d) use, export, or re-export BibleGateway Widgets in violation of applicable U.S. laws or regulations; and (e) sell, lease, loan, distribute, transfer, or sublicense BibleGateway Widgets or access thereto or derive income from the use or provision thereof, whether for direct commercial or monetary gain or otherwise, without BibleGateway's prior, express, written permission.
- OWNERSHIP AND RESERVATION OF RIGHTS. BibleGateway Widgets, including any content or services provided therein, are protected by copyrights, trademarks, service marks, international treaties, and/or other proprietary rights and laws of the U.S. and other countries. You agree to abide by all applicable proprietary rights laws and other laws, as well as any additional copyright notices or restrictions contained in these Terms of Service. These Terms of Service grant you no right, title, or interest in any intellectual property owned or licensed by BibleGateway, including, without limitation, the BibleGateway Widgets and BibleGateway trademarks, and creates no direct relationship between your and BibleGateway’s licensors, or between you and BibleGateway other than that of licensor to licensee under these Terms of Service. All rights in the BibleGateway Widgets, including any content or services provided therein, not expressly granted to you are reserved by BibleGateway, its licensors, or their respective owners.
- SUPPORT AND UPDATES. BibleGateway may offer upgrades or updates to the BibleGateway Widgets in its sole discretion. BibleGateway may change, suspend, or discontinue any aspect of the BibleGateway Widgets at any time without notice to you. BibleGateway may also impose limits on certain features and services or restrict your access to parts or all of the BibleGateway Widgets without notice or liability.
- FEES AND PAYMENTS. BibleGateway reserves the right to charge fees for future use of or access to the BibleGateway Widgets or the BibleGateway content and services relating thereto in BibleGateway's sole discretion.
- THIRD PARTY WIDGETS. When you download, access, and/or use Third Party Widgets, you understand that such Third Party Widgets have not been approved or endorsed in any manner by BibleGateway and that BibleGateway is not responsible for your use of or inability to use any such Third Party Widgets including, without limitation, the content, services, accuracy, or reliability of such Third Party Widgets and the privacy practices or other policies of the third party. YOUR DOWNLOAD, ACCESS, AND/OR USE OF ANY THIRD PARTY WIDGETS IS AT YOUR OWN RISK. Third parties may require you to agree to their own terms of service, privacy policies, and/or other policies as a condition of using their widgets. Those terms and/or policies may give third parties rights beyond those provided by these Terms of Service. PLEASE REVIEW SUCH THIRD PARTYS’ APPLICABLE TERMS AND/OR POLICIES CAREFULLY.
- THIRD PARTY SOFTWARE, HARDWARE, AND SERVICES. You are responsible for all third party software, hardware, and services used in connection with the BibleGateway Widgets. Any third party software, hardware, and services (whether required or optional) that you use in conjunction with BibleGateway Widgets, is the sole responsibility of such third party, and is subject to the terms, conditions, warranties and disclaimers provided by such third party.
DISCLAIMER OF WARRANTIES. USE OF BIBLEGATEWAY WIDGETS AND ANY DATA, CONTENT, OR SERVICES ACCESSED THROUGH BIBLEGATEWAY WIDGETS IS AT YOUR SOLE RISK AND SUCH OFFERINGS ARE PROVIDED "AS IS."
ANY MATERIAL OR SERVICE DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF BIBLEGATEWAY WIDGETS IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE DOWNLOAD AND/OR USE OF ANY SUCH MATERIAL OR SERVICE.
THE BIBLEGATEWAY LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO BIBLEGATEWAY WIDGETS AND ANY DATA, CONTENT, OR SERVICES ACCESSED THEREFROM, OR THE ACCURACY, TIMELINESS, COMPLETENESS, OR ADEQUACY OF BIBLEGATEWAY WIDGETS AND ANY DATA, CONTENT, OR SERVICES ACCESSED THEREFROM, INCLUDING THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
IF BIBLEGATEWAY WIDGETS OR ANY DATA, CONTENT, OR SERVICES ACCESSED THEREFROM PROVES DEFECTIVE, YOU (AND NOT THE BIBLEGATEWAY ENTITIES OR THE LICENSORS) ASSUME THE ENTIRE COST OF ALL REPAIRS OR INJURY OF ANY KIND, EVEN IF THE BIBLEGATEWAY ENTITIES OR LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH A DEFECT OR DAMAGES. SOME JURISDICTIONS DO NOT ALLOW RESTRICTIONS ON IMPLIED WARRANTIES SO SOME OF THESE LIMITATIONS MAY NOT APPLY TO YOU.
- INDEMNIFICATION. You agree to indemnify and hold the BibleGateway Entities harmless from any claim or demand, including reasonable attorneys' fees, made by any third party in connection with or arising out of your download, access, and/or use of BibleGateway Widgets, including any content or services provided therein, your violation of any term or condition of these Terms of Service, your violation of applicable laws or any rights of another person or entity.
- LIMITATION OF LIABILITY. THE BIBLEGATEWAY ENTITIES AND LICENSORS ARE NOT LIABLE TO YOU FOR ANY AND ALL DIRECT, INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO BIBLEGATEWAY WIDGETS, ANY DATA, CONTENT, OR SERVICES ACCESSED THEREFROM, YOUR USE OR INABILITY TO USE OR ACCESS BIBLEGATEWAY WIDGETS, OR ANY DATA, CONTENT, OR SERVICES ACCESSED THEREFROM, WHETHER SUCH DAMAGE CLAIMS ARE BROUGHT UNDER ANY THEORY OF LAW OR EQUITY. DAMAGES EXCLUDED BY THIS PARAGRAPH INCLUDE, WITHOUT LIMITATION, THOSE FOR LOSS OF BUSINESS PROFITS, INJURY TO PERSON OR PROPERTY, BUSINESS INTERRUPTION, AND LOSS OF BUSINESS OR PERSONAL INFORMATION. SOME JURISDICTIONS DO NOT ALLOW LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THIS RESTRICTION MAY NOT APPLY TO YOU.
- TERMINATION. These Terms of Service continue until terminated by either party. You may terminate these Terms of Service by discontinuing use of all BibleGateway Widgets and by destroying all your copies thereof. These Terms of Service terminate automatically if you violate any term hereof, BibleGateway publicly posts a written notice of termination on BibleGateway's web site, or BibleGateway sends a written (including email or text message) notice of termination to you directly. Your obligations in these Terms of Service survive any termination of these Terms of Service.
- GENERAL TERMS
- Choice of Law and Forum. These Terms of Service and the relationship between you and BibleGateway shall be governed by the laws of the State of New York without regard to its conflict of law provisions. You and BibleGateway agree to submit to the personal and exclusive jurisdiction of the courts located within the state and county of New York. The United Nations Convention on the International Sale of Goods does not apply to the BibleGateway Widgets.
- Waiver and Severability of Terms. The failure of BibleGateway to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect.
- Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of BibleGateway Widgets or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. The titles in these Terms of Service are for convenience only and have no legal or contractual effect.