Terms & Conditions

OVERVIEW

Times of Refreshing Christian Center of New York (“TORCC NY” or “we” or “us”) provides a subscription-based online service called TORCC TV that allows users to access certain faith-based sermons, podcasts, teachings and other video content (collectively the “Content.”)

These Terms and Conditions, including the Privacy Policy, govern your use of the TORCC TV website (the “Site”), which includes TORCC TV and the Content. We may change the Terms and Conditions from time to time, at any time without notice to you, by posting such changes on the Site.

By using and/or accessing the Site, you accept and agree to these Terms and Conditions. If you do not agree to these Terms and Conditions you are not allowed to access or use this Site. You agree to use the Site, including all features and functionalities, in accordance with all applicable laws, rules and regulations.

You must be 18 years of age, or the age of majority in your province, territory or region to sign-up for TORCC TV. Anyone under the age of 18 or the age of majority in your region must only use TORCC TV under your parent or legal guardi

COMMUNICATIONS AND NOTIFICATIONS

By using the Site, you consent to receiving electronic communications, including emails or postings on the Site, from TORCC NY relating to your account or access to the Site. You agree that any notices, agreements, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements.

You agree to receive notices via the email address that you used to create an account or via the Site.

ACCOUNT

You may be required to create an account on the Site with a username and/or password. If so, you are responsible for maintaining the security and confidentiality of your account. You will be responsible for any access to or use of the Site by you or any person using a password provided to you, whether or not such access or use has been authorized by or on behalf of you.

SUBSCRIPTION AND BILLING

You can sign-up for monthly or yearly subscription plans for TORCC TV. Your subscription will continue and automatically renew until you cancel your subscription, or we terminate it. We will bill you in advance for your subscription. You must cancel your membership before it renews each month (or year in the case or an annual subscription) to avoid billing of the next month’s (or year’s) subscription fees. That means for monthly subscriptions, you must cancel your subscription with 30 days-notice. For yearly subscriptions, you must cancel your subscription within 30 days of your renewal period.

We reserve the right to adjust pricing for TORCC TV at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms and Conditions, any price changes to your service will take effect following email notice to you.

Unless otherwise indicated, you will be required to provide a credit card or other payment method accepted by TORCC NY, as may be updated from time to time (“Payment Method”). You are solely responsible for all fees charged to your Payment Method and we will charge your Payment Method a periodic subscription fee on a recurring basis corresponding to the term of your subscription and any applicable taxes.

Any payments made to TORCC NY through the Site are nonrefundable. If you cancel or modify your subscription, or if your account is otherwise terminated under these Terms and Conditions, you will not receive a credit or refund.

TORCC NY may offer free trials from time to time. Additional Terms and Conditions may apply to the trial.

LICENSE AND INTELLECTUAL PROPERTY

TORCC NY exclusively owns and retains all rights, title and interest in and to the Site and Content. The Site and Content are also protected by copyright, trademark, moral rights and other intellectual property or proprietary rights of the United States, or other countries. Your use of the Site does not grant you ownership of the Site or any Content on the Site. TORCC NY hereby grants to you a non-exclusive limited license to use the Site, including accessing and viewing the Content on a streaming-only basis for your personal, non-commercial purposes as set forth in these Terms and Conditions. You may view the Content on the Site on your computer or other internet-compatible device for your personal, internal use only.

You may not otherwise copy, reproduce, distribute, display, create derivative works or otherwise exploit any Content or information on the Site. If you make other use of the Site, or the Content, or materials, 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.

The trademarks, logos, service marks and trade names (collectively the “Trademarks”) displayed on the Site or in the Content are registered and unregistered Trademarks of TORCC NY and may not be used by you without prior written permission from TORCC NY.

Digital Millennium Copyright Act:

If you are a copyright owner or an agent and believe that any Content infringes upon your copyright, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing us with the following information in your written notice: (1) identification of the alleged copyrighted work claimed to have been infringed; (2) identification of the material on the Site or in the Content that you claim is infringing the copyrighted work; (3) a statement that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; (4) your name, address, telephone number, and email address; (5) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and (6) a statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

DCMA notices should be sent to:

TORCC NY

Attn: TORCC TV

209 West 40^thStreet

Ground Floor

New York, N.Y. 10018

You acknowledge that if you fail to comply with all the DCMA notice requirements, your DMCA notice may not be valid.

PRIVACY/USER INFORMATION

When using the Site, you may be asked to provide certain personally identifying information to us. The collection and use of your personally identifying information is governed by our Privacy Policy which is incorporated by reference in these Terms and Conditions.

DISCLAIMER OF WARRANTIES AND LIABILITY

THE SITE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, AND ANY MATERIALS, IS PROVIDED “AS IS,” AND “AS AVAILABLE” WITH ALL FAULTS AND TO THE FULLEST EXTENT PERMITTED BY LAW WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED.

WITHOUT LIMITING THE FOREGOING, TORCC NY DOES NOT MAKE ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATIBILITY OR NONINFRINGEMENT; OR THAT THE SERVICES WILL BE UNINTERRUPTED, FREE OF VIRUSES AND OTHER HARMFUL COMPONENTS, ACCURATE, ERROR FREE, OR RELIABLE. NO ORAL OR WRITTEN ADVICE OR INFORMATION OBTAINED BY YOU FROM ANYONE AT TORCC NY OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE IN THESE TERMS AND CONDITIONS.

TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, IN NO EVENT SHALL TORCC NY OR ANY OF ITS DIRECTORS, OFFICERS, MEMBERS, EMPLOYEES, AGENTS (COLLECTIVELY “TORCC NY PARTIES”) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE SITE, CONTENT OR ANY MATERIALS.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU. NOTHING IN THESE TERMS AND CONDITIONS SHALL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE TORCC NY PARTIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING FROM THE TERMS AND CONDITIONS OR YOUR USE OF THE SITE EXCEED, IN THE AGGREGATE, THE AMOUNT, IF ANY, PAID BY YOU TO TORCC NY FOR YOUR USE OF THE SITE.

If any provision or provisions of these Terms and Conditions shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.

INDEMINTY

YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS THE TORCC NY PARTIES FROM AND AGAINST ANY AND ALL LIABILITIES, CLAIMS, DAMAGES, EXPENSES, INCLUDING REASONABLE ATTORNEYS’ FEES AND COSTS, AND OTHER LOSSES ARISING OUT OF OR IN ANY WAY RELATED TO YOUR BREACH OR ALLEGED BREACH OF THESE TERMS AND CONDITIONS YOUR USE OF THE SITE OR USE OF THE CONTENT. THE TORCC NY PARTIES RESERVE THE RIGHT TO EMPLOY SEPARATE COUNSEL AT OUR OWN EXPENSE AND ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU.

GOVERNING LAW AND ABRITRATION

In the event there is an issue or dispute that arises with your use or access to the Site or Content, TORCC NY wants to resolve the process as efficiently as possible. If an issue or dispute arises, you agree that to first discuss such issues or dispute informally with TORCC NY for at least 60 days before commencing an arbitration proceeding. IF you wish to raise an issue or dispute, please send your full name and contact information, your concern and your proposed solution by certified mail to us at:

TORCC NY

Attn: Dispute Resolution

209 West 40^thStreet

Ground Floor

New York, N.Y. 10018

Sixty days starts the date TORCC NY receives notification.

If arbitration is necessary, legally binding arbitration will occur in accordance with the ICC Rules of Procedure for Christian Conciliation (complete text of the Rules is available at: (https://www.instituteforchrist... the parties are unable to decide on an arbitrator, each party will select an arbitrator and those two will jointly decide on a third-party arbitrator. Judgment upon an arbitration decision may be entered in any court otherwise having jurisdiction.

PLEASE NOTE THAT YOU ARE GIVING UP THE RIGHT TO LITIGATE A DISPUTE IN COURT BEFORE A JUDGE OR JURY.

Court Proceedings: Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in state courts in New York County, New York. If this arbitration agreement is for any reason held to be unenforceable, any litigation (except for small-claims court actions) shall be commenced only in the federal or state courts in New York County, New York. You hereby irrevocably consent to the jurisdiction of those courts and, to the extent permitted by law, both TORCC NY Parties and you WAIVE ANY RIGHT TO A TRIAL BY JURY in such an action.

Governing Law: This Terms and Conditions shall be governed by the laws of the state of New York without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the ICC Rules of Procedure for Christian Conciliation.

Feedback

TORCC NY is free to use any comments, information, ideas, concepts, or reviews or any other material contained in any communication you may send to us (“Feedback”) without further compensation. Also, you agree not to enforce any “moral rights” in and to the Feedback, to the extent permitted by applicable law.

support

If you have any issues or questions regarding the Site, please contact support@torcctv.org.

Survival

The provisions of these Terms and Conditions which by their nature should survive cancellation or deletion of your Account shall survive such cancellation or deletion.

ASSIGNMNETS

We may assign our agreement with you to any affiliated company or to any entity that succeeds to all or substantially all of our business or assets related to the applicable TORCC NY services.

OTHER

ENTIRE AGREEMENT

These Terms and Conditions are final agreement and understanding with respect to the subject matter hereof and as a complete and exclusive statement of the terms thereof and supersedes any and all prior and contemporaneous agreements and understandings related thereto. Any modification of these Terms and Conditions by TORCC NY shall be binding immediately upon posting to the Site.