BIBLEJOURNEY TERMS OF USE AND END USER LICENSE AGREEMENT

Welcome to biblejourney.com, and its web pages, interactive features and applications, their respective contents, and any other associated interactive content, whether accessed via computer, mobile device or other technology (collectively, the “Site”), which is owned and operated by BibleJourney, Inc. (“we,” “us,” or “our”). The Site features a digital e-version of the BibleJourney Program, a biblical literacy/educational program that includes a curriculum of illustrated Bible teaching that covers Genesis through Revelation (“BJ Program”), in the form of an interactive electronic application (“BJ-Interactive”).

These Terms of Use and End User License Agreement (“Terms”) apply to the Site and the BJ Program as offered on the Site as BJ-Interactive (the Site and BJ Program as offered on the Site as BJ-Interactive hereinafter sometimes collectively referred to as the “Services”). Your use of the Services is governed by these Terms regardless of how you access the Services. Additional terms and conditions may also apply to specific services or features of the Services, including promotions or other similar features; such additional terms and conditions are considered incorporated into the Terms. By accessing or using the Services, you acknowledge that you have read, understood and agree to the Terms. If you do not agree to the Terms, you are not authorized to use or access the Services.

1.Ownership.

The Services and all content provided on or via the Services, including without limitation, the BJ Program and BJ-Interactive, is either owned or used under license by us, and is protected by U.S. and international copyright and other intellectual property laws (“BJ-IP”). Any rights not expressly granted to you in these Terms are reserved by us and our licensors. BJ-IP may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way without our prior written permission and the prior written permission of our applicable licensors. You must abide by all copyright notices, information, or restrictions contained in or attached to any BJ-IP. Nothing in these Terms grants you any right to receive delivery of a copy of any BJ-IP or to obtain access to BJ-IP except as generally and ordinarily permitted through the Site according to these Terms. Furthermore, nothing in these Terms will be deemed to grant you, by implication, estoppel or otherwise, a license to BJ-IP.

You also agree that any further use on your part of NIV Bible verses are subject to the approval of Biblica.  Biblica’s requirements for use include the following:

The NIV text may be quoted in any form (written, visual, electronic or audio), up to and inclusive of five hundred (500) verses without the express written permission of the Biblica, providing the verses quoted do not amount to a complete book of the Bible nor do the verses quoted account for twenty-five percent (25%) or more of the total text of the work in which they are quoted. Notice of copyright must appear on the title or copyright page.

When quotations from the text are used by a local church in non-saleable media such as church bulletins, orders of service, posters, overhead transparencies, or similar materials, a complete copyright notice is not required, but the title (New International Version®) or its official acronym (NIV®) shall be displayed with each quotation must appear at the end of each quotation.

Permission requests that exceed the above guidelines must be directed to and approved in writing by Biblica, Inc.®, Please send permission requests through the Contact link at Biblica.com, or by mail to: 1820 Jet Stream Drive, Colorado Springs, CO 80921, USA.

Biblica’s 3-Line Copyright Notice Details are as follows:

Holy Bible, New International Version®, NIV®

Copyright © 1973, 1978, 1984, 2011 by Biblica, Inc.®

Used by permission. All rights reserved worldwide.

Biblica’s Trademark Notice is as follows:

The “NIV” and “New International Version” are trademarks registered in the United States Patent and Trademark Office by Biblica, Inc.®

2.Users.

You represent that you (i) are either at least 18 years old, an emancipated minor, or you have the consent of your parent or legal guardian, and (ii) have the legal right and capacity to agree to and abide by these Terms.

You promise that all information you provide to us is true, accurate, current and complete, and you agree to maintain and promptly update such information to keep it true, accurate, current and complete. If we believe or suspect that such information is untrue, inaccurate, not current or incomplete, we may deny or terminate your access to the Services (or any portion thereof). In order to use the Services, you must set up an account with us (“Account”). When you set up an Account, you are required to provide your email address and select a unique password to access the Services. You may not transfer or share your Account with any third parties. You are solely responsible for maintaining the confidentiality of your Account log-in information, including but not limited to taking steps to prevent unauthorized access by safeguarding your log-in information. You are solely responsible for any and all use of your Account and all activities that occur through your Account.

3.Use of Services.

After establishing your Account, one or more BibleJourney course(s) or portions thereof (“BJ-Content”) may be made available to you through the Services. Subscription rates will be referenced when you subscribe to BibleJourney and will identify the price of the license and the period of time in which you may access and view specified BJ-Content through the Services.

Subject to your compliance with the Terms and the payment of all applicable fees, we grant you a personal, limited, non-exclusive license, solely for your personal educational and/or professional development purposes, (i) to access and view BJ-Content for which you have acquired a license and (ii) to otherwise participate in BJ-Interactive. Except for the foregoing limited license, all rights in BJ-Content are reserved by us and our licensors. Any other use of BJ-Content, including without limitation the public performance or display of any BJ-Content, is strictly prohibited. As a limited exception to the foregoing, please see Schedule A regarding permissible fair use of BJ-Content, particularly for limited use of certain BJ-Content in furtherance of non-commercial religious and educational instructional activities.

You agree not to: (i) attempt to reconstruct, identify or discover any source code, underlying user interface techniques or algorithms of the Services by any means, or disclose any of the foregoing; (ii) provide, rent, lease, lend, or use the Services for timesharing, subscription, or service bureau purposes; or (iii) sublicense, transfer or assign any of the rights or licenses granted under this Agreement. You shall not make available nor distribute unauthorized copies or transmissions of BJ-Content to any third party. You shall immediately notify us if you discover or are informed of any infringements or potential infringements of the intellectual property rights of BJI including, without limitation, any unauthorized use of BJ-Content, or other BJ-IP, by third parties. You may not allow third parties to access the Services and must comply with all of the Terms herein.

BJ-Content and all other features, attributes or aspects of the Services are subject to change, modification, additions or deletions at any time without notice in our sole discretion. We reserve the right to remove BJ-Content from the Services at any time in our sole discretion without any notice or liability to you, even if the BJ-Content (including Content for which you or your organization have paid for you to access and view) is removed from the Services before you have had a chance to view it.

In order to access and use the Services, you will need an internet connection and a compatible device that meet performance and system specifications that we establish from time to time. You are responsible for all internet access and data charges, and for obtaining a compatible device. You acknowledge that the quality of streamed BJ-Content will vary depending on your device and Internet connection quality. You shall be solely responsible for the security of your computer and networking systems used to access the Services.

Personally identifiable information submitted by you shall be subject to the Site’s Privacy Policy available at Privacy Policy.

4.Organization Users.

If you are an entity or organization that has purchased access to the Services and BJ-Content for a certain number of individual users (including, without limitation, your organization’s members) on an enterprise basis, then you, in addition to those users, shall be subject to all of these Terms.

5.Payments.

Access to various features of the Services and BJ-Content will require payment from you or an organization which has arranged with us to permit your access and use of such features and BJ-Content. All payments made by you to us are non-refundable. You hereby acknowledge and agree that the applicable fees for BJ-Content and Services are payable in advance for each license acquired hereunder and will be charged whether you ultimately view or use the applicable BJ-Content or not. You are responsible for any taxes, including personal property taxes or sales taxes, resulting from your use of the Services. You acknowledge that fees may change from time to time for the Services.

6.Modifications.

We may change the terms of these Terms of Service from time to time on a going-forward basis. We will notify you of any such changes by posting notice of the changes through the Site or Services, and/or, in our sole discretion, by email. Any such modifications become effective upon the earlier to occur of (i) your acknowledgement of such modifications; or (ii) your continued access to and/or use of the Services after we post notice of such modifications. It is your sole responsibility to check the Site from time to time to view any such changes to the terms in the Terms of Service. If you do not agree to any changes, if and when such changes may be made to the Terms of Service, you must stop using the Services. You give us permission to email you for the purpose of notification as described in this Section.

7.Disclaimer of Warranties.

THE SERVICES ARE PROVIDED “AS IS.” WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES, INCLUDING, WITHOUT LIMITATION, ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

8.Indemnification.

You shall indemnify, defend and hold us and our directors, officers, employees, agents and affiliates harmless from and against any and all third-party claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys’ fees) to the extent attributable to your breach of these Terms.

9.LIMITATION OF LIABILITY.

WE SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES, UNDER ANY CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, REVENUE OR SAVINGS, LOSS OF GOODWILL, OR THE LOSS OF USE OF ANY DATA, EVEN IF WE HAVE BEEN ADVISED OF, KNEW, OR SHOULD HAVE KNOWN, OF THE POSSIBILITY THEREOF. UNDER NO CIRCUMSTANCES SHALL OUR AGGREGATE CUMULATIVE LIABILITY HEREUNDER, WHETHER IN CONTRACT, TORT, OR OTHERWISE, EXCEED THE FOLLOWING AMOUNTS: WITH RESPECT TO CLAIMS RELATED TO THE SERVICES, THE TOTAL AMOUNT OF FEES ACTUALLY PAID BY YOU DURING THE 12-MONTH PERIOD IMMEDIATELY PRECEDING THE DATE THE CLAIM AROSE. YOU ACKNOWLEDGE THAT THE LIMITATIONS SET FORTH HEREIN REFLECT THE ALLOCATION OF RISK SET FORTH IN THIS AGREEMENT AND AGREED TO BY US, AND THAT WE WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS ON OUR LIABILITY.

10.Electronic Communications.

The communications between you and us use electronic means, whether through the Site or Services or via email. For contractual purposes, you (a) consent to receive communications from us in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if they were in writing.

11.Mobile Services.

If, as permitted or available through any feature of the Services, you access the Services using text messaging or a mobile device or application, you are responsible for any and all service fees associated with any such mobile access, including all applicable data fees, and for complying with all terms of use imposed by the carrier.

12.Feedback.

By sending us any ideas, comments, suggestions, questions or other material, you grant us an unrestricted, royalty-free, worldwide, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute such material in any manner, including in connection with our business, and you also agree that we are free to use any ideas, concepts, know-how or techniques that you send us for any purpose. You agree that no comments or other information submitted by you to us will violate any personal or proprietary right of any third party (including, without limitation, copyright, trademark or trade secret rights). You agree that you shall remain solely liable for the contents of any comments or other information submitted by you to us. You also agree that we are under no obligations of confidentiality, whether express or implied, with respect to any ideas, comments, suggestions, questions or other material you send us.

13.Third-Party Content.

The Site and Services may contain links to websites not operated by us. Any linked websites are provided for convenience, we do not control such websites, and we are not responsible for the content, products, services, or practices, including privacy and data gathering practices, of any such websites. Inclusion of linked websites does not constitute or imply any endorsement of the materials on the linked websites or any association with their operators. If you decide to leave the Site and access a linked site, you do so at your own risk and you should be aware that, unless otherwise indicated, these Terms no longer govern.

14.Fair Use and Permissions Guidelines for BJ-Content.

Schedule A, attached hereto and incorporated by reference as if fully set forth herein, contains specific fair use and permissions guidelines covering limited use of certain BJ-Content in furtherance of non-commercial religious and educational instructional activities.

15.General Terms.

You are responsible for compliance with all applicable laws. These Terms and the relationship between you and us will be governed by the laws of the State of Florida, U.S.A., without giving effect to any choice of laws or principles that would require the application of the laws of a different country or state. These Terms are personal to you, and you may not transfer, assign or delegate your right and/or duties under these Terms to anyone else and any attempted assignment or delegation is void. You acknowledge that we have the right hereunder to seek an injunction, if necessary, to stop or prevent a breach of your obligations hereunder. Any delay or failure by us to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. No waiver by us shall have effect unless such waiver is set forth in writing, signed by us; nor shall any such waiver of any breach or default constitute a waiver of any subsequent breach or default. These Terms constitute the complete and exclusive agreement between you and us with respect to their subject matter, and supersede all prior oral or written understandings, communications or agreements. If, for any reason, a court of competent jurisdiction finds any provision of these Terms, or portion thereof, to be unenforceable, that provision of the Terms will be enforced to the maximum extent permissible so as to affect the intent of the parties, and the remainder of these Terms will continue in full force and effect.

Last Updated: November 18, 2019.

 

SCHEDULE A TO BIBLEJOURNEY TERMS OF USE AND END USER LICENSE AGREEMENT

SPECIFIC BIBLEJOURNEY FAIR USE AND PERMISSIONS GUIDELINES

A. Introduction

BibleJourney’s mission is to fully equip Bible students and teachers in any setting – formal or non-formal, and, eventually, in all major languages – to understand the Bible and be competent in its interpretation.  Ultimately, it is our hope that these students and teachers will, in turn, use and share the knowledge gained through the BJ Program with others.

We recognize, in this regard, that, consistent with principles of fair use, Users of BJ-Content may wish to share portions of BJ-Content with others who may have not enrolled in the BibleJourney Program and expressly accepted the BibleJourney Terms of Use and End User License Agreement (the “Terms”).

Accordingly, we are issuing these specific BibleJourney Fair Use and Permissions Guidelines to help Bible students and teachers navigate permissible sharing of BJ-Content under principles of fair use in furtherance of non-commercial religious and educational instructional activities, while still honoring copyright protections, restrictions and other intellectual property rights of both BibleJourney and its licensors.

B. Fair Use.

Fair Use is an express statutory exception under U.S. Copyright Law to the exclusive rights of copyright owners. The “fair use” of a copyrighted work, or portions thereof, for purposes such as criticism, comment, news reporting, teaching, scholarship or research, is not an infringement of copyright.

There are no exact rules for how much use is considered fair.

Rather, fair use is determined on a case-by-case basis under an intentionally flexible four-factor analysis or test: (1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes; (2) the nature of the copyrighted work; (3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and (4) the effect of the use upon the potential market for or value of the copyrighted work.

Courts have varied widely in their interpretation and application of the fair use test, which is technically a defense to copyright infringement to be raised in litigation.

In the context of religious education classes, teachers and students may wish to ask the following three (3) questions to assess whether a particular use of portions of BJ-Content is fair:

  1. Do the shared materials illustrate or support a point being made by the presenter?
  2. Is the amount of shared materials limited to what is reasonably appropriate to illustrate or support the presenter’s point? and
  3. Will the recipient of the shared materials (i.e., the presenter’s intended audience such as students) readily make the connection between the shared materials and the presenter’s specific point?

If the foregoing can all be answered affirmatively, then it is reasonably likely that a successful case for fair use has been established.  Question 1 underscores the importance of having some legitimate purpose for use of the shared materials, such as criticism, comment or teaching, that is grounded in First Amendment free speech rights.  Question 2 emphasizes the general fair use precept that one should quote the smallest amount possible necessary to illustrate one’s point.  Question 3 ensures that the shared materials are not being included merely for some reason that is separate from the presenter’s point.

C. STM Guidelines.

For use of excerpts of quotations from BJ-Content in published materials, BibleJourney intends to adhere to the STM Permissions Guidelines developed by the International Association of Scientific, Technical and Medical Publishers found at:  http://www.stm-assoc.org/copyright-legal-affairs/permissions/permissions-guidelines/.

The STM Guidelines have been adopted by a number of STM member publishers, greatly facilitating the permissions process for quotation of scholarly and professional materials by scholars, educators and researchers in other publications on a gratis, expedited basis.

D. BJ Sharable Content Through Creative Commons.

From time to time, BibleJourney may make certain limited portions of BJ-Content (“BJ Sharable Content”) available under a Creative Commons Attribution-NonCommercial No Derivatives 4.0 International License (CC BY-NC-ND 4.0) which lets you share, copy, distribute, and transmit the work. However, if you remix, transform, or build upon the BJ Sharable Content, you may not distribute the modified material.  BJ Sharable Content subject to a Creative Commons Attribution—NonCommercial No Derivatives 4.0 International License (CC BY – NC- ND 4.0) will clearly be marked as such through affixation of the following Creative Commons License Notice:

This work is licensed under a Creative Commons Attribution—NonCommercial No Derivatives 4.0 International License (CC BY – NC- ND 4.0) by BibleJourney, Inc.  For more information about this license, please go to: 

With respect to Creative Commons licensed BJ Sharable Content, you should attribute the work to BibleJourney, Inc. (but not in any way that suggests that we endorse you or your use of the work), using the above Creative Commons License Notice.

For information about the Creative Commons Attribution—NonCommercial No Derivatives 4.0 International License (CC BY – NC- ND 4.0) please go to: https://creativecommons.org/licenses/by-nc-nd/4.0/

E. Questions and Specific Permissions Requests.

If you have any questions or wish to seek specific permission for use of any BJ-Content, please contact us directly at hello@biblejourney.com with your request.  When possible, we will seek to accommodate your request on favorable terms and conditions.  Please note, however, that typically we can only confer permission with respect to BJ-Content that is expressly owned and controlled by us. For content, such as third-party proprietary photographs and video clips, that are owned and controlled by our licensors, please understand that we cannot confer any use permission for such third-party materials, owing to the use restrictions for such materials to which we are subject under licenses with our licensors.