Dayspring Class with Pastor Benny Hinn

TERMS AND CONDITIONS

The following terms and conditions (the “Terms and Conditions”) govern your use of Day Spring Class property(ies), app(s) and/or course materials (defined herein) owned by Day Spring Class (“Day Spring Class”), including, dayspringclass.com, as well as all other domains, materials, products, and/or services owned or controlled by Day Spring Class / Benny Hinn, LLC., or any of its affiliates and/or subsidiaries (collectively, the “Day Spring Class Property”). The Day Spring Class Property is made available by Day Spring Class, and its affiliates (“Day Spring Class” or “we” or “us”). We may change the Terms and Conditions from time to time, at any time without notice to you, by posting such changes on the Day Spring Class Property.

BY USING THE Day Spring Class PROPERTY, YOU ACCEPT AND AGREE TO THESE TERMS AND CONDITIONS AS APPLIED TO YOUR USE OF THE Day Spring Class PROPERTY. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU ARE NOT PERMITTED TO ACCESS OR USE THE Day Spring Class PROPERTY. THIS IS A BINDING LEGAL AGREEMENT.

Day Spring Class’S PROPRIETARY RIGHTS

As between you and Day Spring Class, Day Spring Class owns, solely and exclusively, all rights, title and interest in and to the Day Spring Class Property, all the content (including, for example, audio, photographs, illustrations, graphics, other visuals, video, copy, lyrics, software, etc.), code, data and materials thereon, the look and feel, design and organization of the Day Spring Class Property, and the compilation of the content, code, data and materials on the Day Spring Class Property, including but not limited to any copyrights, trademark rights, patent rights, database rights, moral rights, sui generis rights and other intellectual property and proprietary rights therein. Your use of the Day Spring Class Property does not grant to you ownership of any content, code, data or materials you may access on the Day Spring Class Property. You may view the content on the Day Spring Class Property on your computer or other internet-compatible device, and make single copies or prints of the content on the Day Spring Class Property for your personal, internal use only. Any commercial distribution, publishing or exploitation of the Day Spring Class Property, or any content, code, data or materials on the Day Spring Class Property, is strictly prohibited unless you have received the express prior permission of Day Spring Class or the applicable rights holder. (The Day Spring Class Property may contain some features that enable you to obtain rights to use certain content on the Day Spring Class Property, such as photographs, comments, and the like. In such situations, your rights to use such content are limited to the rights expressly granted by Day Spring Class in such situations.) You may not otherwise copy, reproduce, distribute or otherwise exploit any content, code, data or materials on the Day Spring Class Property. If you make other use of the Day Spring Class Property, or the content, code, data or materials thereon, except as otherwise provided above, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use. Day Spring Class will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.

YOUR PROPRIETARY RIGHTS

Notwithstanding the foregoing, and unless we otherwise agree, you shall remain the owner of any content you post on the Day Spring Class Property, if permitted; provided, however, we shall have the nonexclusive, perpetual right to use, distribute, license and sublicense, translate, exploit and copy such content, in our sole discretion; and provided, further, that you shall not be entitled to any compensation whatsoever in connection with the use and enjoyment of our rights described above, except as set forth in a written contract signed by us.

COURSE MATERIALS, CONSULTING, AND MATERIALS

In the event you are enrolling in, participating in, purchasing, licensing, accessing, or otherwise using any book, course (including, but not limited to, live, pre-recorded, multi-format, etc.), course materials (including, but not limited to, worksheets, workbooks, notes, etc.), course activities (including, but not limited to, pre-recorded and/or live video calls, Zoom calls, audio calls, chats, forums, and any other activities associated with any course and/or course materials), and/or consulting services (book, course materials, course activities, and consulting services are collectively referred to as “Course Materials”), you understand and agree that all of the Terms and Conditions apply to the Course Materials. All Course Materials are non-refundable, personal, and non-assignable/non-shareable/non-transferrable. In addition to the provisions relating to User Conduct contained in these Terms and Conditions, you shall not engage in any unlawful, illegal, immoral, and/or unethical behavior, or act in any way that distracts from, disrupts, or undermines the experience of any other student, customer, user, coach, consultant, staff member, or any other person(s). Day Spring Class reserves the right to terminate any person in violation of these provisions without refund or offset.

TRADEMARKS

The trademarks, logos, service marks and trade names (collectively the “Trademarks”) displayed on the Day Spring Class Property are registered and unregistered Trademarks of Day Spring Class and others and may not be used in connection with products and/or services that are not related to, associated with, or sponsored by their rights holders that are likely to cause customer confusion, or in any manner that disparages or discredits their rights holders, or otherwise in violation of applicable law. All Trademarks not owned by Day Spring Class that appear on the Day Spring Class Property, if any, are the property of their respective owners. Nothing contained on the Day Spring Class Property should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Day Spring Class Property without the written permission of Day Spring Class or the third party that may own the applicable Trademark. Your misuse of the Trademarks displayed on the Day Spring Class Property is strictly prohibited. Day Spring Class will aggressively enforce its Trademark rights to the fullest extent of the law, including the seeking of criminal prosecution.

INFRINGEMENT AND DMCA NOTICES

If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been violated, please notify Day Spring Class’s agent for notice of claims of copyright or other intellectual property infringement (“Agent”), at: Day Spring Class, [email protected]. All notices must include: (a) Identify the material on the Day Spring Class Property that you claim is infringing, with enough detail so that we may locate it on the Day Spring Class Property; (b) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (c) A statement by you declaring under penalty of perjury that (1) the above information in your notice is accurate, and (2) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner; (d) your name, address, telephone number, and email address; and (e) your physical or electronic signature. Day Spring Class will remove the alleged infringing posting(s), subject to the procedures outlined in the Digital Millennium Copyright Act (DMCA).

USER INFORMATION

In the course of your use of the Day Spring Class Property, you may be asked to provide certain personalized information to us (such information referred to hereinafter as “User Information”). Our information collection and use policies with respect to the privacy of such User Information are set forth in the Day Spring Class Property’s Privacy Policy which is incorporated herein by reference for all purposes. You acknowledge and agree that you are solely responsible for the accuracy and content of User Information, and further that we are entitled to rely on the accuracy and completeness of the User Information.

UNSOLICITED MATERIALS

Unless specifically requested, we do not solicit nor do we wish to receive any confidential, secret or proprietary information or other material from you through the Day Spring Class Property, by email or in any other way. Any information, creative works, ideas, suggestions, concepts, methods, systems, designs, plans, techniques or other materials submitted or sent to us (“Submitted Materials”) shall be deemed not to be confidential or secret, and may be used by us in any manner consistent with the Day Spring Class Property’s Privacy Policy and/or other licenses or agreements between us and you. By submitting or sending Submitted Materials to us (and except as set forth in a separate license or other agreement between us and you), you: (i) represent and warrant that the Submitted Materials are original to you, that no other party has any rights thereto, and that any “moral rights” in Submitted Materials have been waived, and (ii) you grant us a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sublicensable right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such material (in whole or part) and/or to incorporate it in other works in any form, media, or technology now known or later developed. We cannot be responsible for maintaining any Submitted Material that you provide to us, or to return it to you, and we may retain, delete or destroy any such Submitted Material at any time, in our sole discretion.

USER CONDUCT

You warrant and agree that, while using the Day Spring Class Property, you shall not upload, post or transmit to the Day Spring Class Property, or distribute or otherwise publish through the Day Spring Class Property, any materials that: (a) are protected by third party copyright, or other proprietary or intellectual property right; (b) are unlawful, threatening, hateful, tortious, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy or publicity rights, harassing, profane, obscene, vulgar or that contain explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), (c) restrict or inhibit any other user from using and enjoying the Day Spring Class Property, (d) constitute or encourage conduct that would constitute a criminal offense or give rise to civil liability, or (e) contain a virus or other harmful component, advertising of any kind, or false or misleading indications of origin or statements of fact.

You also warrant and agree that you shall not: (a) impersonate any person or entity or misrepresent your affiliation with any other person or entity; (b) upload, post, publish, transmit, reproduce, distribute or in any way exploit any information or other material obtained through the Day Spring Class Property for commercial purposes (other than as expressly permitted by the provider of such information or other material); (c) engage in spamming, flooding, harvesting of e-mail addresses or other personal information, spidering, “screen scraping,” “database scraping,” or any other activity with the purpose of obtaining lists of users or other information, or send chain letters or pyramid schemes via the Day Spring Class Property; (d) attempt to gain unauthorized access to other computer systems through the Day Spring Class Property; (e) “stalk” or otherwise harass anyone using the Day Spring Class Property or access through the Day Spring Class Property; (f) contact anyone using the Day Spring Class Property or accessed through the Day Spring Class Property for any commercial purpose; (g) contact anyone using the Day Spring Class Property or accessed through the Day Spring Class Property for any inappropriate, unlawful, or elicit purpose; and/or (h) engage in any conduct that is unlawful, illegal, immoral, and/or unethical, or act in any way that distracts from, disrupts, or undermines the experience of any other student, customer, user, coach, consultant, staff member, or any other person(s). You agree that you will not use the Day Spring Class Property in any manner that could damage, disable, overburden, or impair the Day Spring Class Property or interfere with any other party’s use and enjoyment of the Day Spring Class Property. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Day Spring Class Property.

Although Day Spring Class may from time to time monitor or review discussions, chats, postings, transmissions, bulletin boards, and the like on the Day Spring Class Property, Day Spring Class is under no obligation to do so and assumes no responsibility or liability arising from the content of any such locations on the Day Spring Class Property nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such locations on the Day Spring Class Property.

You agree that if you include a link from any other site to the Day Spring Class Property, such link shall open in a new browser window. You agree not to link from any other site to this Day Spring Class Property in any manner such that the Day Spring Class Property, or any page of the Day Spring Class Property, is “framed,” surrounded or obfuscated by any third party content, materials or branding. We reserve the right to revoke your right to link to the Day Spring Class Property from your site at any time upon written notice to you.

You agree to defend, indemnify and hold Day Spring Class and its directors, officers, employees and agents harmless from any and all claims, liabilities, costs and expenses, including reasonable attorney fees, arising in any way from your use of the Day Spring Class Property, your placement or transmission of any message, content, information, software or other materials through the Day Spring Class Property, or your breach or violation of the law or of these Terms and Conditions. Day Spring Class reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Day Spring Class’ defense of such claim.

USER RISK

You assume all risk when using the Day Spring Class Property, including, but not limited to, all of the risks associated with any online or offline interactions with others, including communication, dating, bartering, buying, selling, and correspondence. You agree to take all necessary precautions associated with such activities. Day Spring Class IS NOT LIABLE OR RESPONSIBLE FOR ANY ACTIVITIES YOU ENGAGE IN WITH PERSON (S) YOU FIND AND/OR WHO FIND YOU THROUGH OR ON THE Day Spring Class PROPERTY, AND Day Spring Class EXPRESSLY WAIVES ANY AND ALL WARRANTIES OF SAFETY AND RESPONSIBILITY FOR YOUR CONDUCT AND INTERACTIONS.

ACCOUNT AND PASSWORD

You may be enabled to create an account in the Day Spring Class Property with a username and/or password. If so, you are responsible for maintaining the strict confidentiality of your account password, and you shall be responsible for any access to or use of the Day Spring Class Property by you or any person or entity using a password provided to you, whether or not such access or use has been authorized by or on behalf of you, and whether or not such person or entity is your employee or agent. You agree to (a) immediately notify Day Spring Class of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. It is your sole responsibility to control the dissemination and use of your password, control access to and use of your account, and notify Day Spring Class when you desire to cancel your account on the Day Spring Class Property. Day Spring Class will not be responsible or liable for any loss or damage arising from your failure to comply with this provision.

ACCESS TO THE CONTENT

By agreeing to these Terms and Conditions, the Privacy Policy, and any other agreements and/or licenses we require, you are entitled to access the Day Spring Class Property according to any and all access guidelines, rules of conduct, or other obligations we establish. Your access is explicitly limited, personal, non-transferable and non-exclusive, and subject to these Terms and Conditions and the Privacy Policy.

Day Spring Class EXPRESSLY RESERVES THE RIGHT TO TERMINATE AND DENY ACCESS TO THE Day Spring Class PROPERTY, OR ANY PART THEREOF, IN THE EVENT YOU MISUSE AND/OR ABUSE YOUR ACCESS TO THE Day Spring Class PROPERTY, OR ARE IN VIOLATION OF THESE TERMS AND CONDITIONS, THE PRIVACY POLICY, OR ANY OTHER AGREEMENT OR LICENSE WITH US OR AFFECTING US.

FEES

Day Spring Class reserves the right to charge activation, subscription, participation, purchase, license, use, and/or other fees for various products and/or services (including, but not limited to, the Course Materials) we may offer, in our sole discretion (the “Fees”). Once incurred, the Fees are not subject to refund or offset, unless otherwise agreed in writing.

SOFTWARE DOWNLOADS

In the event that you receive software demos or other software products downloaded from and/or access through the Day Spring Class Property or otherwise delivered or provided by Day Spring Class in response to your request, your use of such software will be, in addition to these Terms and Conditions, subject to the software license agreement that accompanies such software.

MEDIA DOWNLOADS AND STREAMING

In the event that you are permitted to download (including podcasts) and/or stream media, including, but not limited to, video, audio, and/or other media, you understand and agree that your use is limited to personal, non-transferrable access, and is subject to any restrictions placed on such media content.

PRODUCT ORDERS

We may make certain products available to visitors and registrants of the Day Spring Class Property, including specials, deals, discounts, and the like. You may only access or purchase any such products by, among other things, warranting that you are domiciled in the United States and you are 18 years old or older. You agree to pay in full the prices for any purchases you make either by PayPal and/or credit/debit card concurrent with your online order or by other payment means acceptable to Day Spring Class. You agree to pay all applicable taxes. If payment is not received by us, you agree to pay all amounts due upon demand by us, including any costs of collection, including attorney fees.

THIRD PARTY WEBSITES

You may be permitted to link from the Day Spring Class Property to third party websites (“Linked Sites”). For example, you may purchase products, some of which may be Day Spring Class products, on or though Linked Sites. You acknowledge and agree that we have no responsibility for the information, content, products, services, advertising, code or other materials which may or may not be provided by or through Linked Sites. Links to Linked Sites do not constitute an endorsement by us of such websites or the information, content, products, services, advertising, code or other materials presented on or through such websites.

DISCLAIMER OF WARRANTIES

THE Day Spring Class PROPERTY, INCLUDING, WITHOUT LIMITATION, ALL SERVICES, CONTENT, FUNCTIONS