Terms of Service
Your use of and access to this website, application, and associated data (collectively, the “Promogos Radio, Inc” as more fully defined in Section 2.1 below) is subject to these terms and conditions (“Terms”). You hereby accept these Terms by using or accessing the Promogos Radio. Unless otherwise indicated, the Terms below apply to all users of the Promogos Radio, Inc. (“Users”), regardless of whether or not you have registered for a Paid Subscription (as defined below).
1. ACCEPTANCE OF TERMS
1.1 These Terms are entered into by and between you and Promogos Radio and/or, at Promogos Radio’s discretion, one or more of its affiliates (“Promogos”). If you are using the Promogos Radio, Inc. Website on behalf of your employer, you accept these terms on your and your employer’s behalf (and any reference to “you” or “your” includes your employer) and represent and warrant that you are authorized to accept these Terms on your employer’s behalf, and that your employer agrees to indemnify you and Promogos Radio for violations of these Terms. If you do not agree to all of the Terms herein or are dissatisfied with the Promogos Radio, your sole remedy is to stop using the Promogos Radio Website.
2. DESCRIPTION OF PROMOGOS PROPERTY
2.1 The term “Promogos Property”, which will be used a this Terms, means this website and any and all property, services, conference, widgets, websites, devices, hardware, platforms, interfaces, resources, tools, products, content, data, applications, metadata, images, rich media, text, music, sound, photographs, graphics, video, advertisements, messages and other materials, products, services or technology owned by Promogos Ministries or its affiliates, licensors, partners or end users or made available to you by Promogos Ministries directly or indirectly (e.g., on Promogos Radio via hyperlinks or otherwise). Promogos Ministries controls and operates Promogos Radio from various locations and makes no representation that the Promogos Radio is appropriate or available for use in any or all locations. Promogos Radio may not be available in your location, and may vary among locations. Upgrades, updates, maintenance and support of Promogos Radio are provided by Promogos Ministries at its sole discretion.
2.2 Subject to these Terms, Promogos Ministries hereby grants you a non-exclusive, non-transferable, non-sublicensable, revocable right and license to use the Promogos Radio as intended and permitted by Promogos Ministries solely for your personal, non-commercial use. You agree not to access or use the Promogos Radio through any interface other than the one provided by Promogos Ministries for such access and use. No other use is permitted without the prior written permission of Promogos Ministries. The permitted use described in this paragraph is contingent on your compliance at all times with these Terms.
2.3 Promogos Ministries may also offer a service requiring payment in connection with the Promogos Radio, Inc. (“Paid Subscription or Donation”). The Paid Subscription or Donation provides you with the same access to the Promogos Radio, Inc. as any other users of our free service, but with a more focused attention regarding the purpose of the payment; for Users registered with a Paid Subscription the required services or products will be provided according to the established conditions between Promogos Radio, Inc. and Users for these services or products; for Users who registers for Donation, required information report regarding the using of their money or materials will be sent to them on a regular basis according to the arrangement between Promogos Radio and them.; Either Paid Subscription or Donation, Users shall use the Promogos Radio, Inc. Website or Services solely as set forth herein and for no other purpose. Users that are not registered for a Paid Subscription or Donation can still use all services provide by Promogos Radio. You are solely responsible for ensuring that you have the appropriate software, hardware, and Internet connection necessary to operate the Service we offer on our Website. Promogos Radio, Inc. reserves the right to cancel any Paid Subscription service at any time, with or without Users consent, but an email will be sent to Users confirming the termination of this service. Users of the Paid Subscription remain bound by all components of these Terms.
2.4 As between you and Promogos Radio, Promogos Ministries and its affiliates, licensors and partners shall exclusively own and hold all right, title and interest in and to the Promogos Radio including, without limitation, any and all intellectual property and proprietary rights and any derivatives, revisions, enhancements, modifications or condensations. You receive no ownership rights or other rights in the Promogos Radio (other than rights to use Promogos Radio as expressly permitted in and subject to these Terms) and shall not, and shall ensure your employer, employees, agents and affiliates do not, directly or indirectly contest Promogos Ministries’ ownership of Promogos Radio.
3. YOUR OBLIGATIONS AND CONDUCT; PAYMENTS, FEES, AND OTHER CHARGES
3.1 In consideration of your use of the Promogos Radio, you agree to: (a) provide accurate, current, and complete information about you on any registration form, if any, and in your Promogos Radio account, if any, (the “Registration Data”); (b) maintain the security of your password and identification, if any; (c) maintain and promptly update the Registration Data, and any information you provide to Promogos Radio, to keep it accurate, current and complete; (d) comply with these Terms and all applicable laws, rules and regulations; and (e) accept all risks of unauthorized access to information and Registration Data. You have sole responsibility for adequate protection and backup of data and for any equipment, hardware, software, infrastructure, internet connections, technology and other services you use to access or otherwise use in connection with the Promogos Radio. You are responsible for all activities that occur using your password, usernames and/or Promogos Radio account, regardless of whether such activities are undertaken by you or a third party.
3.2 You are entirely and exclusively responsible for all information that you upload, display on, post or otherwise transmit via the Promogos Radio Website or Social Media Page. You agree not to upload, post or otherwise transmit via the Promogos Radio Website or Social Media Page information that: (a) is inaccurate, harmful, obscene, pornographic, defamatory, racist, violent, offensive, harassing, or otherwise objectionable to Promogos Radio or other users of the Promogos Radio; (b) includes unauthorized disclosure of personal information or violates any laws, rules or regulations; (c) violates or infringes anyone’s intellectual property, publicity or other rights or is tortious; or (d) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment. Promogos Ministries reserves the right to edit or remove any information that violates these Terms of Promogos Radio or that contains third-party commercial advertisements.
3.3 You agree that you will not use the Promogos Radio Website to: (a) transmit spam, bulk or unsolicited communications; (b) pretend to be Promogos Radio or someone else, or spoof Promogos Radio’s or someone else’s identity; (c) forge headers or otherwise manipulate identifiers (including URLs) in order to disguise the origin of any content; (d) misrepresent your affiliation with a person or entity; (e) disrupt the Promogos Radio or normal flow of dialogue or otherwise act in a manner that negatively affects other users’ ability to use the Promogos Radio Website; (f) engage in activities that would violate any fiduciary relationship, any applicable local, state, national or international law, or any regulations having the force of law, including, but not limited to, attempting to compromise the security of any networked account or site, operating an illegal lottery or gambling operation, stalking, or making threats of harm; or (g) collect, store or provide to Promogos Radio any personal data about other users unless specifically authorized in writing by such users and Promogos Radio.
3.4 In addition to the other Terms and conditions herein, the following shall apply, with respect to any Promogos Radio's section that provides Lyrics / Songs, if any such lyrics / songs are provided to you or otherwise displayed or used on Promogos Radio Website: Usage of lyrics / songs is limited to your personal, non-commercial use in accordance with the Terms of this Agreement. You may not reproduce (other than as authorized for your own personal usage), publish, transmit, distribute, publicly display, rent or lend, modify, create derivative works from, sell or participate in the sale of or exploit in any way, in whole or in part, directly or indirectly, any of the lyrics / songs so provided. You agree that you are not granted any so-called “karaoke” or “sing-along” rights to lyrics / songs and you shall not seek to or remove any vocal track from a sound recording that shall be associated with a lyric provided to you. You agree not to assign, transfer or transmit any lyrics / songs to any third party. You agree that you shall not seek to or do anything that will defeat, evade or circumvent any efforts that may be made to protect the lyrics / songs from any unauthorized usage.
3.5 If you elect to register for a Paid Subscription, if available, you agree to pay all associated fees and charges on a timely basis. Unless otherwise stated, an annual or monthly fee is due and payable in advance, is non-refundable. To register for a Paid Subscription, you must be: (1) a resident of a country in which Promogos Radio is authorized to operate the Paid Subscription; (2) legally capable of entering into a binding contract; and (3) at least 18 years of age (or if between 13 and 18 years of age, you must have the consent of a parent or legal guardian). All fees and charges will be charged to the payment method you provided when you registered for the Paid Subscription (“Chosen Payment Method”). You agree to maintain a valid Chosen Payment Method during your use of the Paid Subscription. Promogos Radio reserves the right to change the annual fee (if any) at any time, with or without notice to you.
3.6 You will immediately gain access to the Paid Subscription (if any) on the day that you register for and purchase the Paid Subscription service (“Activation Date”). Your Paid Subscription is effective for one (1) year (the “Subscription Term”) and will terminate automatically at such time.
4. YOUR CONTENT
Unless otherwise stated herein, or in Promogos Radio Privacy Notice, any content, ratings, feedback, preferences or other information or property you provide to Promogos Radio (including, without limitation, on or in connection with the Promogos Radio) shall be deemed to be provided on a nonconfidential basis and is intended for public consumption. Promogos Radio shall be free to use or disseminate any and all such content on an unrestricted basis for any purpose, and you grant Promogos Radio and all other users an irrevocable, perpetual, worldwide, royalty-free, nonexclusive license to use, reproduce, combine, modify, distribute, transmit, display, perform, adapt, sell and publish such content on an unrestricted basis for any purpose. You represent and warrant that you have proper authorization to grant the foregoing licenses and rights, including, without limitation, the grant of rights for the worldwide transfer and processing among Promogos Radio, its affiliates, and third-party providers of any information and content that you may provide via the Promogos Radio. Promogos Ministries is not directly or indirectly responsible or liable for and shall have no obligations with respect to any content you provide to or place on the Promogos Radio Website, including, without limitation, for any actual or alleged damage or loss caused by or in connection with use of or reliance on any such content by any party.
5. CONTENT PROVIDED VIA LINKS AND THIRD PARTY CONTENT
You may find third party content and/or links to third party Internet sites or resources in or on the Promogos Radio Website. You acknowledge and agree that Promogos Radio is not responsible for activities of third parties or the availability of such content or external third party sites or resources, and Promogos Radio does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources or from third parties. Promogos Radio will not be responsible or liable, directly or indirectly, for any actual or alleged damage or loss caused by or in connection with use of or reliance on any such content, goods or services.
You agree to indemnify and hold Promogos Radio and its subsidiaries, affiliates, licensors, partners and suppliers and their respective shareholders, officers, directors, agents, licensors, suppliers, customers, alliance members, partners, employees and representatives harmless from any claims made or brought by a third party, including, without limitation, lawsuits, actions, proceedings, arbitrations, liabilities, damages, fees, penalties, judgments, settlements, expenses or demands, reasonable attorneys’ fees, due to, relating to or arising out of your content, property or any information or materials you provide or provided to Promogos Radio, use of or access to Promogos Radio Website by you and/or your affiliates, shareholders, officers, directors, agents, licensors, suppliers, customers, alliance members, partners, employers, employees and representatives (including, without limitation, any use on behalf of your employer or any third party), your violation of the Terms, or your violation of any rights of another.
7. NOTICES; MODIFICATION AND TERMINATION OF PROMOGOS RADIO, INC.
Promogos Radio may provide notice to you via email, regular mail, or posting notices or links to notices via the Website. Promogos Ministries and its designees reserve the right to, at any time, monitor, restrict access to, edit, remove, delete, modify, limit, suspend or terminate the Promogos Radio (or any part thereof or related information or files), and/or your use of or access to the foregoing, with or without notice and in its sole discretion. If you breach these Terms, these Terms and any and all of your rights to use or access Promogos Radio shall immediately and automatically cease and terminate. Promogos Ministries will not be liable to you or any third-party for any deletion, modification, limitation, suspension, or termination of the Promogos Radio (or any part thereof or related information or files), or loss of related information.
8. ADVERTISEMENTS AND PROMOTIONS
Promogos Ministries may run advertisements and promotions on the Promogos Radio Website, including, without limitation, on behalf of third parties. Your correspondence or business dealings with, or participation in promotions of, advertisers or companies other than Promogos Ministries found on or through the Promogos Radio Website or Social Media Page, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser or company. Promogos Ministries is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of advertisements or promotions on the Promogos Radio Website or Social Media Page.
9. INTELLECTUAL PROPERTY RIGHTS
9.1 Except as expressly authorized by Promogos Ministries, you agree not to reproduce, link to (via hyperlinks or otherwise), scrape, modify, rent, copy, lease, loan, sell, distribute, mirror, frame, syndicate, cache, store, record, publish, download, transmit, display or create derivative works of Promogos Radio, in whole or in part, by any means. You may not, for example, publish any portion of Promogos Radio (or links thereto) on any internet, intranet or extranet site or incorporate the Promogos Radio logo in any product, database, compilation, archive or cache. You must not remove or modify any Promogos Radio copyright or trademark notice, or other notice of ownership. You shall not attempt to circumvent any content protection mechanisms or digital rights management systems.
9.2 “Promogos Trademarks” means all names, marks, brands, logos, designs, trade dress, slogans and other designations Promogos Ministries uses in connection with its products and services. You agree to comply with Promogos’ trademark and logo usage requirements as may be in effect from time to time. You may not use, remove or alter any Promogos Trademarks, or co-brand your own products or material with Promogos Trademarks, without Promogos Radio or Ministries’ prior written consent. You acknowledge Promogos Radio / Ministries’ rights in Promogos Trademarks and agree that any use of Promogos Trademarks by you shall inure to Promogos’ sole benefit. You agree not to incorporate any Promogos Trademarks into your trademarks, service marks, company names, Internet addresses, domain names, or any other similar designations, for use on or in connection with computer or Internet-related products, services or technologies.
9.3 Promogos Radio is committed to respecting others’ intellectual property rights, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement on Promogos Radio, please contact our Copyright Agent in accordance with our Copyright Policy which is available HERE and incorporated into these Terms.
9.4 Except as expressly set forth in these Terms, no right or license, express or implied, is granted to you or any third party by estoppel, implication, exhaustion or other doctrine of law, equity or otherwise with respect to Promogos Radio or any other product, content, technology, intellectual property or service of Promogos Ministries or its affiliates, licensors or partners. In addition, nothing in these Terms shall be deemed to grant to you or any third party the right or license to use Promogos Radio on any platform or device, in any place or in any manner which is not expressly authorized hereunder. For clarity, no right or license, express or implied, is granted to you or any third party by estoppel, implication, exhaustion or other doctrine of law, equity or otherwise with respect to any patent or patent application of Promogos Ministries or its affiliates, licensors or partners. Nothing in these Terms shall be deemed to be a waiver or release of your past, present or future obligations to acquire such rights and/or licenses from Promogos Ministries or its affiliates, licensors or partners.
10. DISCLAIMER OF WARRANTIES
10.1 Your use of the Promogos Radio, including, without limitation, all advertisements and other content, is at your sole risk unless otherwise explicitly stated. Promogos Ministries and its affiliates, licensors, licensees, suppliers, customers and partners shall have no direct or indirect liability or responsibility arising from your use of or reliance on the Promogos Radio Website. The Promogos Radio is provided on an “as is,” “as available” and “with all faults” basis. Promogos Ministries disclaims all express or implied conditions, representations, and warranties of any kind, including any implied warranty or condition of merchantability, satisfactory quality, fitness for a particular purpose, or noninfringement. Promogos Ministries makes no representations, warranties, conditions or guarantees as to the usefulness, quality, availability, suitability, truth, accuracy or completeness of the Promogos Radio.
10.2 Promogos Ministries makes no warranty or representation that: (a) the Promogos Radio will be uninterrupted, accurate, complete, current, free of viruses or other harmful components, timely, secure, or error-free; (b) the results that may be obtained from the use of the Promogos Radio will be accurate, complete, current, free of viruses or other harmful components, timely, secure, error-free or reliable; (c) the quality of Promogos Radio or products, services, content, information, or other material purchased or obtained from the Promogos Radio will meet your spiritual or moral expectations or requirements; or (d) any errors or defects in Promogos Radio Website or Programming will be immediately corrected.
10.3 You assume all risk for any damage to your computer system or property or loss of data that results from your use of the Promogos Radio (including, without limitation, damage caused by changes to Promogos Radio), including any damages resulting from computer viruses.
11. LIMITATION OF LIABILITY
11.1 To the fullest extent permitted by law, Promogos Ministries is not liable for any direct, indirect, punitive, special, incidental, consequential, or exemplary damages (including, without limitation, loss of business, revenue, profits, goodwill, use, data, electronically transmitted orders, or other economic advantage) arising out of or in connection with the Promogos Radio, even if Promogos Ministries has previously been advised of, or reasonably could have foreseen, the possibility of such damages, however they arise, whether in breach of contract or in tort (including negligence), including, without limitation, damages due to: (a) the use of or the inability to use the Promogos Radio Website or Social Media Page; (b) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained, or messages received or transactions entered into, through or from the Promogos Radio Website; (c) statements or conduct of any third party, including, without limitation, unauthorized access to or alteration of transmissions or content, malicious or criminal behavior, or false or fraudulent transactions; (d) death or personal injury or (e) content or information you may download, use, modify or distribute.
11.2 To the extent that the applicable laws of any jurisdiction do not allow the exclusion or limitation of death or personal injury, direct, incidental or consequential damages, exclusion of statutory rights or damages for fraudulent misrepresentation, portions of the above limitation or exclusion may not apply, but only to the extent that the exclusion or limitation is not allowed by applicable laws.
12. PROMOGOS RADIO, INC. PRIVACY NOTICE
You consent to the collection, processing and storage by Promogos Radio of your personal information, if any, in accordance with the terms of the Privacy Notice, which is available HERE and incorporated into these Terms. You agree to comply with all applicable laws, rules and regulations, and the terms of Promogos Radio’s Privacy Notice, with respect to any access, use and/or submission by you of any personal information in connection with the Promogos Radio.
13. GENERAL TERMS
13.1 The Terms constitute the entire agreement between you and Promogos Ministries through Promogos Radio relating to the subject matters herein, and cancel and supersede any prior versions of the Terms. No modifications made by you to the Terms will be binding on Promogos Radio unless in writing and signed by an authorized Promogos Ministries or Promogos Radio representative. Promogos Ministries and Promogos Radio reserve the right to terminate and/or change these Terms at any time in their sole discretion with or without notice. Promogos Radio may notify you of any such changes solely by changing these Terms and making them available on this website. Your continued use of the Promogos Radio after the posting of any amended Terms shall constitute your agreement to be bound by any such changes. You shall not assign or otherwise transfer the Terms or any right granted hereunder. You also may be subject to additional terms and conditions that may apply when you use Promogos Radio or third-party products or services.
13.2 Florida law and controlling U.S. federal law govern any action related to the Terms and/or your use of the Promogos Radio. Choice of law rules of any jurisdiction and the United Nations Convention on Contracts for the International Sale of Goods will not apply to any dispute under the Terms. You and Promogos Radio agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Collier, Naples, Florida, U.S.A.
13.4 Products (if any) derived or obtained from the Promogos Radio may be subject to the U.S. export laws, rules and regulations and the export or import laws, rules and regulations of other countries. You agree to comply strictly with all such laws, rules and regulations and, in particular, shall: (a) obtain any export, re-export, or import authorizations required by U.S. or your local laws; (b) not use Promogos Radio or anything derived from the Promogos Radio to design, develop or produce missile, chemical/biological, or nuclear weaponry; and (c) not provide Promogos Radio or anything derived from the Promogos Radio to prohibited countries and entities identified in the U.S. export regulations.
13.5 Rights and obligations under the Terms which by their nature should survive will remain in full effect after termination or expiration of the Terms.
13.6 Any express waiver or failure to exercise promptly any right under the Terms will not create a continuing waiver or any expectation of non-enforcement. If any provision of the Terms is held invalid by any law or regulation of any government, or by any court or arbitrator, the parties agree that such provision will be replaced with a new provision that accomplishes the original organization purpose, which is the preaching and teaching of the word of God, and the other provisions of the Terms will remain in full force and effect.
13.7 In the event of a conflict between these Terms and any other agreements between you and Promogos Radio, Promogos Ministries shall determine in its discretion which terms shall govern.
13.8 This English language version of these Terms governs your relationship with Promogos Radio and any translations of the Terms into another language shall not be binding on Promogos Ministries.
This document was last updated March 31, 2021