Shift™ Application - Terms and Conditions of Use

Introduction

Welcome to the Shift™ Application (the "App"), which is owned and operated by VMG, Inc. dba Shift Worship ("Shift Worship"). By installing, signing in, accessing or otherwise using any part of the App, you unconditionally agree to follow and be bound by these Terms and Conditions of Use (the "Terms"). If you do not agree with the Terms, you must immediately discontinue signing up or logging in and uninstall the App.

License and App Access

All of the material in this App is owned by or licensed to Shift Worship. Shift Worship grants you a limited, nonexclusive, revocable license to access and make personal, non-commercial use of the content made available from time to time on the App, including filters, overlays, backgrounds, stills, motions, still backgrounds, motion backgrounds, countdowns, collections, filter sets, filter collections, splash screens, textures, typography, video, video backgrounds, video motion backgrounds, text, starters, audio, music, sound, sound effects, and voice overs (collectively, the "Shift Worship Multimedia Content"). This license does not include any right to (i) download, reproduce, copy or modify the App or the Shift Worship Multimedia Content, or any portion or derivative thereof; or (ii) the resale or commercial use of the App, the Shift Worship Multimedia Content or any derivative work thereof (unless you have a written contract with Shift Worship which authorizes such use).

Privacy

Please review Shift Worship's Privacy Policy which also governs your use of the App.

Age of Users

The App is targeted to individuals age 18 or older. Individuals under the age of 18 ("Minors") are not permitted to use the App without the supervision of a parent or legal guardian who agrees to be bound by these Terms. If you are the parent or guardian agreeing to these Terms on behalf of a Minor, you are fully responsible for the Minor's use of the App, including all financial charges and legal liability that the Minor may incur. We do not knowingly collect or solicit personal information from children under the age of 13 or knowingly allow such persons to register for an account. Should we learn that someone under the age of 13 has provided any personal information to our App, we will remove that information as soon as possible.

Intellectual Property

Unless otherwise noted, all images, photographs, animations, video, audio, music, sounds, and text, the overall "look and feel", processes, software, technology, the Shift Worship Multimedia Content, and any other materials which appear on the App, and the business processes used to market products and services are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by Shift Worship and are protected by copyright and other intellectual property laws. The compilation of all contents on this App is the exclusive property of Shift Worship and is also protected by copyright laws. Access to this App does not confer and shall not be considered as conferring upon anyone any license under any of Shift Worship's or any third party's intellectual property rights, except as set forth in these Terms.

The Shift Worship names and logos and all related product and service names, design marks and slogans are the trademarks or service marks of VMG, Inc. All other marks are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on this App. Access to this App does not authorize anyone to use any name, logo or mark in any manner.

User Content

You may not contribute, submit, upload, post or otherwise use or display violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, pornographic or sexually suggestive photos or other content on, to, within, or via the App. You may not use the App for any illegal or unauthorized purpose.

You agree to comply with all laws, rules and regulations (including but not limited to copyright and other intellectual property laws) applicable to your use of the App and its content (including the Shift Worship Multimedia Content) and use of any User Content (as defined below). You are solely responsible for your conduct and any data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, musical works, works of authorship, applications, links and other content or materials (collectively, "User Content") that you contribute, submit, upload, post or otherwise use or display on, to, within, or via the App.

You represent and warrant that: (i) you own the User Content; (ii) the use of your User Content does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights; (iii) you agree to pay for all royalties, fees, and any other monies owed by reason of User Content; and (iv) you have the legal right and capacity to enter into these Terms in your jurisdiction.

You agree that Shift Worship is not responsible for, and does not endorse, your User Content. Shift Worship does not have any obligation to prescreen, monitor, edit, or remove any User Content. If your User Content violates these Terms, you may bear legal responsibility for that User Content.

Final Exports

Shift Worship grants you a limited, nonexclusive, revocable license to use the Shift Worship Multimedia Content to create derivative works utilizing your User Content (your "Final Exports"). All Final Exports are governed by applicable U.S. copyright laws. You agree that your use of all Final Exports shall be restricted to personal, non-commercial activities, unless you are given express written authorization by Shift Worship to expand your use beyond these restrictions.

You hereby grant to Shift Worship a non-exclusive, fully paid and royalty-free, transferable, sub-licensable, worldwide license to post, display, distribute or otherwise use any Final Exports created by you, solely in the promotion of Shift Worship and its products and services, and for no other purpose.

App Security

You are responsible for keeping your password secret and secure. You are prohibited from violating or attempting to violate the security of the App, including, without limitation, (i) accessing data not intended for your use or logging onto a server or an account which you are not authorized to access; (ii) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (iii) attempting to interfere with service to any user, host or network, including without limitation, via means of submitting a virus to the App, overloading, "flooding," "spamming," "mailbombing" or "crashing;" or (iv) sending unsolicited communications, including promotions and/or advertising of products or services. Violations of system or network security may result in civil or criminal liability.

You agree not to use any device, technique, software, system or routine to interfere or attempt to interfere with, or to otherwise circumvent the proper working of the App or any activity being conducted on the App.

Violation of the Terms

Any unauthorized use terminates the permission or license granted by Shift Worship. Shift Worship shall have the right to temporarily or indefinitely suspend or terminate your right to use or access all or any part of the App, including any account therein, without notice and without liability to you, for any reason in Shift Worship's sole discretion, including if you violate any of the Terms. Shift Worship shall have all additional rights and remedies at law and in equity arising from such violation.

Indemnification

You (and any third party for whom you operate an account or activity on the App) agree to indemnify, defend and hold Shift Worship, and its affiliates, suppliers, owners, officers, employees and agents harmless from all claims, actions, losses, liabilities, damages, costs and expenses (including attorneys' fees) arising out of, relating to, or in any way connected with any of the following: (i) your User Content or your access to or use of the App; (ii) your breach or alleged breach of these Terms; (iii) your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or (v) any misrepresentation made by you. You will cooperate as fully required by Shift Worship in the defense of any claim. Shift Worship reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of Shift Worship.

Accuracy

Shift Worship, its employees, affiliates, and suppliers make no warranty or representation as to the accuracy of information on the App and assume no liability for any errors or omissions in any portion of the App and its content, including the Shift Worship Multimedia Content. Shift Worship reserves the right to change or discontinue any or all parts of this App, including the Shift Worship Multimedia Content. All information and services provided through this App are subject to change without prior notice at any time.

Disclaimer

THE APP AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE APP ARE PROVIDED BY SHIFT WORSHIP ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, SHIFT WORSHIP DISCLAIMS ALL WARRANTIES, AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO ANY OF THE FOLLOWING: (A) AS TO THE OPERATION OF THE APP; (B) THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE APP; (C) THAT THE APP WILL BE UNINTERRUPTED OR ERROR-FREE; (D) AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION, CONTENT, SERVICE OR PRODUCTS PROVIDED THROUGH THE APP; OR (E) THAT THE APP, ITS SERVERS OR COMMUNICATIONS SENT FROM OR ON BEHALF OF SHIFT WORSHIP ARE FREE OF VIRUSES, SCRIPTS, TROJAN HORSES, WORMS OR OTHER HARMFUL COMPONENTS. YOU EXPRESSLY AGREE THAT YOUR USE OF THE APP IS AT YOUR SOLE RISK.

Limitation of Liability

SHIFT WORSHIP WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF, OR INABILITY TO USE, THE APP OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES, OR THAT RESULTS FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORZIED ACCESS TO SHIFT WORSHIP'S RECORDS, PROGRAMS, OR SERVICES. THIS PARAGRAPH SHALL APPLY TO ALL CONTENT (INCLUDING THE SHIFT WORSHIP MULTIMEDIA CONTENT), PRODUCTS, AND SERVICES AVAILABLE THROUGH THE APP. SHIFT WORSHIP SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OF THE APP, OR THE PURCHASE OR DOWNLOAD OF ANY CONTENT EVEN IF SHIFT WORSHIP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

No Waiver

Any delay or failure to act with respect to a breach of these Terms by you or others does not constitute a waiver and shall not limit such rights with respect to such breach or any subsequent breaches.

Applicable Law; Severability

These Terms shall be governed by and construed in accordance with the laws of the State of Nebraska. If any provision of these Terms is held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the remainder of these Terms, which shall be given full effect. You agree that any and all disputes, claims and causes of action arising out of or connected with the use or this App or on-line ordering from Shift Worship (i) shall be resolved individually, without resort to any form of class action; and (ii) shall be resolved exclusively by the United States District Court or the appropriate Nebraska court located in Lancaster County, Nebraska, and you agree to submit to the nonexclusive personal jurisdiction of such courts and waive any objection to the laying of venue of any litigation in said courts.

Changes to Shift™ Application Terms and Conditions of Use

These Terms were last updated on February 26, 2014. Shift Worship reserves the right to update or modify these Terms at any time without prior notice to you. For this reason, Shift Worship recommends that you review these Terms whenever you visit the App. These Terms represent the entire agreement between you and Shift Worship regarding the use of the App.

Notices

You authorize Shift Worship to send you notifications to the contact information you provide. You confirm that you are the only person who opens communications at the contact information you have provided or that if anyone else opens the communications, you waive any claims of a violation of your privacy or of potential third party disclosure.

Copyright © 2014 VMG, Inc. All rights reserved.