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TERMS OF SERVICE

(Revised 07/07/15)

Introduction

These Terms of Service are an agreement between Championship Productions, Inc. and you, a user of our website. Please read this agreement carefully. By using our website and its services, you agree to be bound by these Terms of Service as well as our Privacy Policy.

Any new features of our website, including updates, upgrades, or new services, shall also be subject to these Terms of Service.

In addition, some services offered through our website may be subject to additional terms and conditions that we publish from time to time. Your use of such services is subject to those additional terms and conditions.

THESE TERMS OF SERVICE ("TERMS") SET FORTH THE LEGALLY BINDING TERMS FOR YOUR USE OF THE WEBSITE. BY ACCESSING, DOWNLOADING, OR USING THE WEBSITE, YOU ARE ACCEPTING THESE TERMS AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THIS AGREEMENT. YOU MAY NOT ACCESS OR USE THE WEBSITE OR ACCEPT THESE TERMS IF YOU ARE NOT AT LEAST 13 YEARS OLD. IF YOU DO NOT AGREE WITH ALL OF THE PROVISIONS OF THIS AGREEMENT, DO NOT ACCESS AND/OR USE THE WEBSITE.

Our Content; Proprietary Rights

Through our website, we offer, sell, and digitally distribute videos, audiovisual combinations, books, music, sounds, graphics, diagrams, photos, and other content, as well as sell products related to that content. We are the owner or authorized licensee of all information, materials, functions and other content contained on our website, and you acknowledge that you are only receiving a limited right to access or use this content. No content from our website may be used, reproduced, transmitted, distributed or otherwise exploited in any way other than as part of our website or as part of an authorized download from the website.

We also own any information and data collected by us from you, including without limitation any data regarding your use and viewing of our website and its content. We may use such information and data for benchmarking and other service enhancements. We will handle and treat any information we collect from you in compliance with our current Privacy Policy.

Championship Productions grants the non-exclusive limited right to use authorized streaming or downloaded content from the website for the purpose of education, motivation and/or information. Purchaser does not receive any ownership or proprietary right, title or interest in the underlying digital content apart from this license.

Championship Productions' digital content will generally continue to be available to you, but may become unavailable due to potential restrictions and other reasons. Championship Productions will not be liable to you if purchased digital content becomes unavailable for further download or streaming. In the event that the purchased digital content becomes unavailable, we will contact you via email and provide an opportunity for you to download the content prior to its removal from our service. Please ensure that you register a current, frequently accessed email address on our website.

Purchaser, either directly or indirectly, shall not rent, sell, or lease the content to any other person without Championship Productions’ express written consent; nor shall Purchaser offer the content as a "pay-per-play" or distribute the content by any means, including, but not limited to direct mail, retail, mail order, online digital delivery or other means. Further, Purchaser shall not in any other manner and through any medium whatsoever commercially exploit the content, use the content for any commercial purpose, or reproduce or copy the content (except for incidental, temporary copies which may be made during the course of streaming).

The name "Championship Productions" and our graphics, logos, designs, page headers, button icons, scripts, and service names are common law trademarks, trade names, or trade dress of Championship Productions, Inc. in the U.S. and other countries. These trademarks, trade names, and trade dress may not be used in connection with any product or service in any manner that is likely to cause confusion. We reserve all rights in or to such trademarks, trade names, or trade dress.

It is our policy, in appropriate circumstances and at its discretion, to disable or terminate the accounts of users who repeatedly infringe or are repeatedly charged with infringing the intellectual property rights of others.

Any content, ideas or suggestions you submit through the website will be deemed non-proprietary and will become the property of Championship Productions with no compensation of any kind due to you for any use including, without limitation, the reposting or display of such videos, photos, commentary or ideas. By submitting information to Championship Productions and/or its affiliates, you acknowledge that Championship Productions may use that information for commercial and non-commercial purposes and you represent and warrant that you have the ability to lawfully grant Championship Productions all rights in your submission.

Third-Party Links

We are not responsible for the content or availability of outside websites or resources linked to or referenced on our website. We do not endorse and are not responsible or liable, directly or indirectly, for any claims that arise from your access or use of any content, advertising, products, or other materials on or available from such websites.

Your Account

If you choose to purchase a product or service offered on our website, you will be asked to create an account and will be prompted to create your own unique password. You must keep your account information secure. You are solely responsible and liable for all activities that occur under your password or account. You shall notify us immediately of any breach of security or unauthorized use of your password or account.

When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You agree to only use your own username, email, password and other information to access secured portions of the website. You will not assist anyone in gaining unauthorized access to our website. You must notify Championship Productions immediately of any breach of security or unauthorized use of your account.

Although Championship Productions will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Championship Productions or others due to such unauthorized use.

You acknowledge, consent, and agree that we may preserve and disclose your account information if required to do so by law or in a good faith belief that such preservation or disclosure is reasonably necessary to comply with a legal process or to enforce these Terms of Service.

Eligibility; Age Restriction

Our website may only be used by individuals who are 13 years and older and who can form legally binding contracts under applicable law. Individuals under the age of 13 must at all times use our website only in conjunction with and under the supervision of a parent or legal guardian who is at least 13 years of age. In these cases, the supervising adult is responsible for any and all activities conducted on or through our website. You represent and warrant that you are at least 13 years old, or that you are using our website under the supervision of an adult parent or legal guardian, and that all registration information you submit is accurate and truthful.

We may, in our sole discretion, refuse to offer access to or use of our website to any person or entity and change our eligibility criteria at any time. This provision is void where prohibited by law and the right to access the website is revoked in such jurisdictions.

Payment Processing; Order Fulfillment

Our video products and other related content are hosted by Intelivideo, which also assists in the processing of our orders. When you input your credit card information as payment for an order, Intelivideo directly and securely transmits that information to its third party payment processor, who verifies the credit card and remits the payment to us. Neither we, nor Intelivideo, ever store your credit card image or number. Sales and use taxes, as applicable by law, will be based on your location and our location and, purchase prices are inclusive of taxes. You will be responsible for paying any applicable taxes relating to your payments and will indemnify and hold harmless Championship Productions and Intelivideo from your failure to pay any and all taxes, including sales tax, based incorrect information provided by you. If you believe you are entitled to a refund of any taxes, you are solely responsible for such determination.

Intelivideo also fulfills all orders for digitally distributed content by making that content available for viewing. It will inform you of the device and system requirements for accessing this content. You are responsible for completing the digital download, and for all risk of loss of the content after download. You acknowledge that the resolution and quality of the content received will depend on a number of factors, including the type of device on which it is streamed and available bandwidth. While we strive to provide a high quality viewing experience, neither we, nor Intelivideo, make any guarantee as to the resolution or quality of the content.

Upon receiving an order for any of our products, Intelivideo will notify us so that we may fulfill the order directly.

Acceptable Use

You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses our website in a manner that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser. You agree to comply with all applicable laws in your use of our website.

Unacceptable Use

You shall not:

  • modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the website;
  • remove any copyright, trademark or other proprietary rights notices contained in or displayed on any portion of the website or any content;
  • "frame" or "mirror" any portion of the website, or link to any material other than via the homepage of the URL located at www.ChampionshipProductions.com or the URLs provided by us to you for such purposes, without our prior written authorization;
  • use any robot, spider, site search/retrieval application or other manual or automatic device or process to retrieve, index, "data mine" or in any way reproduce or circumvent the navigational structure or presentation of the website; or
  • harvest or collect information about or from users of the website without their express consent and, if such consent is provided, only pursuant to applicable law.
  • attempt to gain unauthorized access to any portion of the website or to circumvent any of the website’s security features.
  • use the website to break any law.

Warranties/Limitation of Liability

OUR CONTENT AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." WE HEREBY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT TO OUR WEBSITE OR, SERVICES, WITHOUT LIMITATION, ANY WARRANTIES OF INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT MAKE ANY WARRANTIES THAT THE WEBSITE WILL BE UNINTERRUPTED, SECURE OR ERROR FREE OR THAT YOUR USE OF THE WEBSITE WILL MEET YOUR EXPECTATIONS, OR THAT THE WEBSITE, CONTENT, OR ANY PORTION THEREOF, IS CORRECT, ACCURATE, OR RELIABLE. WE RESERVE THE RIGHT TO CHANGE ANY PART OF THE WEBSITE AT ANYTIME WITHOUT NOTICE.

WE WILL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES, OR FOR ANY LOST PROFITS, LOSS OF DATA OR PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY (INCLUDING NEGLIGENCE OR STRICT LIABILITY), ARISING OUT OF THIS AGREEMENT OR YOUR USE OR INABILITY TO USE OUR WEBSITE OR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR AGGREGATE LIABILITY ARISING OUT OF THIS AGREEMENT OR YOUR USE OF OUR WEBSITE OR SERVICES, WHETHER IN CONTRACT, TORT, OR OTHERWISE, EXCEED THE GREATER OF (A) THE AMOUNT OF FEES PAID BY YOU TO PURCHASE THE CONTENT OR PRODUCTS THAT GAVE RISE TO SUCH LIABILITY, AND (B) $100.

THIS DISCLAIMER APPLIES TO ANY DAMAGES, LIABILITY OR INJURIES INCLUDING BUT NOT LIMITED TO THOSE CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, VIRUS, COMMUNICATION FAILURE, THEFT OR DESTRUCTION OF OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE, WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE OR ANY OTHER CAUSE OF ACTION.

Indemnification

You agree to defend, indemnify and hold harmless Championship Productions and its officers, directors, employees and agents from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys’ fees) arising out of any breach by you of any of these Terms of Service or your violation of any law or the rights of a third party.

Termination

These Terms shall take effect on the date you first access or use our website and shall continue until terminated in accordance with these Terms. You agree that we may, in our sole discretion, suspend, block, or terminate your access to all or part of our website and any content, with or without notice, for any reason. Any suspected illegal or fraudulent activity may be referred to appropriate law enforcement authorities.

Governing Law; Jurisdiction

These Terms are governed by the laws of the state of Iowa, without regard to its conflicts of law provisions. Any claim or controversy arising out of or related to these Terms shall be instituted in any state court in Story County, Iowa or federal court in Story County, Iowa. Each party agrees to submit to the jurisdiction of, and agrees that the venue is proper in such courts in any such legal action or proceeding. Our website is designed to be accessed from the United States. If you access this website from outside the United States, you agree that Iowa law governs your conduct and any dispute related to these Terms of Use, regardless of your location when using the website.

Miscellaneous

These Terms and our Privacy Policy constitute the entire agreement between you and Championship Productions. You may not assign these Terms in whole or in part without our prior written consent, and any purported assignment in violation of this provision shall be null and void. We may assign or otherwise transfer these Terms and all rights granted hereunder in connection with any corporate reorganization, merger, or sale of all or substantially all of the assets and business to which these Terms relate. These Terms shall be binding upon and inure to the benefit of the parties hereto and their respective heirs and assigns. If any provision of these Terms is determined by a court of competent jurisdiction to be illegal, invalid or unenforceable, the remaining provisions shall remain in full force and effect. No waiver of any breach of any provision of these Terms shall constitute a waiver of any prior, concurrent or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.

In the event that you violate these Terms of Use, you agree that Championship Productions will be subjected to irreparable harm and is entitled to injunctive relief without the posting of a bond.This remedy is in addition to any other remedy in law or equity. If Championship Productions does take legal action against you, you agree to pay all attorneys fees and costs of such action.

Modifications

We reserve the right to make changes to these Terms at any time by updating this page with any such changes and indicating the effective date of those changes. You acknowledge and agree that it is your responsibility to review these Terms periodically to familiarize yourself with any modifications. By continuing to access and use our website after those changes become effective, you consent and agree to be bound by the revised Terms. The date of the most recent revisions will be posted at the top of this document.

Contact Us

If you have any questions or comments regarding these Terms or our Privacy Policy, you can contact us at: info@ChampionshipProductions.com.

If you believe that any aspect of this website infringes on your intellectual property in any way, or you have any questions about these Terms of Use, please notify us immediately at:

Championship Productions
2730 Graham St
Ames, IA 50010

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