Terms of Service
1. Overview and Acceptance of Terms
Welcome to Lightgliders! You are about to enter into extraordinary adventures of Christian faith and fun! We are a subscription service providing our members with access to games, videos, a massively multiplayer online (MMO) game, and other digital entertainment accessible by certain Internet-connected computers and mobile devices.
Before you can enter Lightgliders, you must read these Terms of Service (the “Terms”), and agree to follow them. IF YOU ARE UNDER THE AGE OF 18, YOU MUST HAVE YOUR PARENT OR LEGAL GUARDIAN REVIEW THESE TERMS AND REGISTER AS AN ACCOUNT OWNER (DEFINED BELOW). Account Owners must read and abide by these Terms, including the mandatory arbitration provision described in further detail in Section 16 below. The Terms apply to any and all uses of the Licensed Application, Lightgliders.com, its associated blogs, videos, or any of its related services. If you use any of these services in any way, or if you register as an Account Owner on behalf of a User under the age 18 years old, you are expressing your understanding and agree that you will follow these Terms.
If you do not understand or agree with the Terms, do not use the Licensed Application, Lightgliders.com, its associated blogs, videos, or any of its related services. Kingdom Scene reserves the right, with or without notice to you, to change these Terms of Service in our sole and absolute discretion.
2. General Definitions
- “Service” refers to every part of Lightgliders, including the Licensed Application, Lightgliders.com, its affiliated blogs, videos, and all webpages, messages, postings and anything else you access or use through the Service.
- “Licensed Application” refers to the Lightgliders app, together with any software components, media, printed materials, or other documentation you may download to your computer or mobile device related to the Service.
- “Kingdom Scene,” “we” or “our” refers to Kingdom Scene Endeavors LLC, the owner and operator of the Service, along with our affiliates and licensors. You can contact Kingdom Scene at the address listed in Section 22, below.
- “You” refers to an individual using the Service (also called a “User”) or, for Users under the age of 18 years old, a parent or legal guardian who agrees to be bound by the Terms on behalf of such User.
- “Group Leader” refers to a person, 18 years of age or older, who has been expressly authorized by the parent or legal guardian of one or more Users to supervise such User while using the Service. Group Leaders might include a teacher, community or faith-based volunteer, or other similar responsible adult. A Group Leader must agree to be bound by the Terms on behalf of any User he or she is supervising in the manner described here.
- An “Account Owner” is a person who has account management access and control for all the Users on the account and is able to receive communications about the Service. For Users under the age of 18, an Account Owner must be the User’s parent, legal guardian, or authorized Group Leader.
- “Content” means all digital material including, without limitation, information, videos, photos, graphics, music, sounds, text, data, communications, games, illustration, documentation, and all other material and that users can view on, submit to, or access through, the Service.
USERS WHO ARE 18 YEARS OF AGE OR YOUNGER MAY USE THE SERVICE ONLY WITH THE CONSENT OF A PARENT, LEGAL GUARDIAN OR PROPERLY AUTHORIZED GROUP LEADER WHO AGREES TO BE BOUND BY THESE TERMS AND ANY APPLICABLE ADDITIONAL TERMS. By using and accessing the Service you hereby acknowledge, represent and warrant to Kingdom Scene that: (a) you are at least 18 years of age, that you possess the legal right and ability to consent to these Terms , and that you will use the Service in accordance with these Terms; or (b) that, if you are under 18 years of age, that you have your parent’s or legal guardian’s full consent, agreement and acknowledgement to use and access the Service, and they represent and warrant, on your behalf, that they possess the legal right and ability to consent to these Terms and do so on your behalf.
Please note that, for Users 12 years of age or younger, Kingdom Scene will take steps to verify that such User’s parent or legal guardian has consented to their use of the Service prior to providing access. Kingdom Scene may delete any User account and terminate access to the Service without warning if we believe, in our sole discretion, that a User is under the age of 18 but does not have a parent’s or legal guardian’s permission to access the Service.
The Services are for personal or educational use only. Organizations, companies or businesses may not use the Services for commercial purposes. You may not use the Services if you have previously been suspended or removed from the Services. Certain Services may be not be available in all jurisdictions, and we reserve the right to impose additional eligibility requirements. The Services are intended for access and use from within the continental United States, Alaska, Hawaii, Puerto Rico or other U.S. territories (the “United States”), and Canada. If you choose to access the Services from outside of the United States or Canada, you do so at your own risk and are responsible for compliance with all local laws, rules, and regulations that may apply.
4. User Account
4.1. User Name and Access
In order to access the Service, you need to create a user account by completing our online registration form, which requests certain information and data (“Registration Data”). By registering, you agree that all information provided in the Registration Data is true and accurate; that you will maintain and update this information in order to keep it current, complete and accurate. For certain aspects of the Service, Kingdom Scene has a connection to, association with, or otherwise entered into a contractual relation with other websites, third party software, or services (each, an “Affiliate”). Some examples include, but are not limited to, services for analyzing or managing data, email delivery, or marketing and customer support. You may need to grant Kingdom Scene and the Service permission to share Registration Data or other use information with such Affiliates.
In creating an account and user profile, you may be asked to choose a user name and password. You agree that you will not choose a user name which, in the sole discretion of Kingdom Scene:
(a) Substantially infringes the legal rights of others, including but not limited to, infringing on the copyright, trademark or service marks of others;
(b) Is offensive, vulgar, obscene, hateful, or racially, ethnically or otherwise objectionable;
(c) In any way violates these Terms;
(d) Contains personally identifiable information, including but not limited to name, address, phone or email;
(e) Contains the name Kingdom Scene, or any confusingly similar names.
You agree that Kingdom Scene reserves the right to change, remove, alter or delete any user name or password at any time and for any reason in Kingdom Scene’s sole discretion.
You are entirely responsible for maintaining the confidentiality of your user name and password and for any and all activities that occur in association with your account or user profile, whether or not authorized by you. You agree to notify Kingdom Scene immediately of any unauthorized use of your account, user profile or any other breach of Kingdom Scene’s or the Service’s security. You agree that Kingdom Scene will not be liable for any loss you may incur as a result of someone else using your user name, password, account or user profile, or Registration Data you provided, either with or without your knowledge.
4.2. No Right to Ownership of User Account
You acknowledge and agree that Kingdom Scene is authorized to act on instructions received through the use of your username and password, and that Kingdom Scene may, but is not obligated to, deny access or block any transaction made through your username and password without prior notice if Kingdom Scene believes your username and password are being used by someone other than you, or for any other reason.
5. Limitations on Ownership and Use of Service and Content
5.1. Ownership of Service and Content
Kingdom Scene owns, or has a license to, all right, title and interest in the Service and all Content. The Service and Content is protected by United States law, including copyright laws, trademark law, patent law, trade secret law, various governmental treaties, and several international laws. Except for any rights specifically enumerated as being licensed to you hereunder, Kingdom Scene reserves any and all rights to the Service and Content. You are only permitted to use the Service and Content as expressly authorized by Kingdom Scene.
5.2. License to Use the Service and Restrictions
You are granted a limited, non-sublicensable, nontransferable, nonexclusive license to access and use the Services subject to these Terms. By using the Service, however, you acknowledge and agree that such limited license does not include, and that you will not engage in, permit another person or entity to engage in, or otherwise be related to or a part of, the following restricted activities:
(a) Market, share, distribute, offer to sell, sell or otherwise make reproductions or copies of the Services or Content in any way inconsistent with the rights of use provided by these Terms;
(b) Remove any applicable, relevant identification, copyright, trademark or other notices relating to the intellectual property or other property of Kingdom Scene;
(c) Attempt to access source or object code of the Service or Content, by methods including reverse engineering or otherwise reducing it to a form readable without the use of a computer, except and unless any applicable statutes or laws specific prohibit the prior restrictive language;
(d) Amend, change, modify (including the creation of any derivate or other works) the Service or Content;
(e) Create code, software or other programs that incorporates any elements of the Service or Content;
(f) Attempt to hack into, compromise or otherwise access the object or source code of the Service or Content for any purposes, personal or commercial;
(g) Interrupt or attempt to interrupt the operation of the service in any way;
(h) Use the Service or Content in any commercial manner or any other way that may infringe on Kingdom Scene’s rights.
5.3. Specific Limitations on Licensed Application
Without limiting anything in Section 5.2 of these Terms, your use of the Licensed Application is subject to the additional terms set forth in this section.
5.3.1. Software License Agreement
Kingdom Scene grants you the non-exclusive, non-transferable, non-commercial (unless otherwise agreed by Kingdom Scene in writing), limited right and license to install and use the Licensed Application solely and exclusively for your personal use on any iOS, Android or Windows enabled device that you own or control and as permitted by the usage rules set forth in the relevant App Store’s Terms of Service. All rights not specifically granted under this license are reserved by Kingdom Scene and, as applicable, our licensors.
The Licensed Application is licensed, not sold. Your license confers no title or ownership in the Licensed Application and should not be construed as a sale of any rights in the Licensed Application. This license shall also apply to any patches or updates you may obtain for the Licensed Application. By using the Licensed Application, you acknowledge and agree that that such limited license does not include, and that you will not engage in, permit another person or entity to engage in, or otherwise be related to or a part of, the following restricted activities:
(a) Exploit the Licensed Application or any of its parts commercially including but not limited to use at a cyber café, computer gaming center, or any other commercial site.
(b) Use your account through the Licensed Application, or permit use of your account through Licensed Application, on more than one device at a time.
(c) Make copies of the Licensed Application or any part thereof, or make copies of the materials accompanying the Licensed Application.
(d) Copy the Licensed Application onto a hard drive or other storage device except as specifically permitted herein.
(e) Use the Licensed Application, or permit use of the Licensed Application, in a network, multi-user arrangement or remote access arrangement, including any online use, except as otherwise explicitly provided by the Licensed Application.
(f) Sell, rent, lease, license, distribute or otherwise transfer the Licensed Application, or any copies of the Licensed Application, without the express prior written consent of Kingdom Scene.
(g) Reverse engineer, derive source code, modify, decompile, disassemble, or create derivative works of the Licensed Application, in whole or in part.
(h) Remove, disable or circumvent any proprietary notices or labels contained on or within the Licensed Application.
(i) Hack or modify (or attempt to hack or modify) the Licensed Application, or create, develop, modify, distribute or use any software programs, in order to gain (or allow others to gain) advantage of or access to the Licensed Application in any on-line multiplayer game settings including but not limited to local area network or any other network play or on the Internet.
(j) Export the Licensed Application or any copy or adaptation in violation of any applicable laws or regulations.
5.3.2. Consent to Use of Device Data
You agree that Kingdom Scene may collect and use technical data and related information, including but not limited to technical information about your device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to you (if any) related to the Licensed Application. Kingdom Scene may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you.
5.4. Your Grant of Rights in Submitted Content
If you submit Content to the Service (a “Submission”), you acknowledge that you are the owner of any intellectual property rights in such Submission, or have sufficient rights to submit the Content to the Service without infringing any third-party rights. By making a Submission, you are agreeing to assign to Kingdom Scene, free of charge, all right, title, and interest including all related intellectual property rights, to such Submission. Furthermore, by making a Submission, you agree to waive any and all “moral rights” or similar protections that you may hold in such Submission.
Alternatively, if a Submission cannot be legally assigned to Kingdom Scene, you hereby grant Kingdom Scene an unrestricted, royalty-free, worldwide, fully paid-up, perpetual, irrevocable, non-exclusive right and license to:
(a) Use, reproduce, distribute, remove and analyze any Submission as Kingdom Scene may deem necessary for any purpose in connection with the operation of the Service; and
(b) Copy, modify, and reproduce the Submission for marketing, promotional and/or any other purposes in connection with Kingdom Scene or the Service in any media; and
(c) Use, edit, modify, reproduce, distribute, prepare derivate works of, display, post or otherwise make available to any other User in connection with any feature of the Service; and
(d) Delete any or all Submissions from the Service, whether intentionally or unintentionally, for any reason or no reason, without liability of any kind to you or any other party; and
(e) Enable users of the Service to share or post your Submission on third-party sites such as, without limitation, social networking sites.
5.5. Submission of Ideas or Feedback
To the extent that you submit, via the Service or otherwise, any concept, idea, know-how, technique, feedback, remarks, innovations, or suggestions (collectively “Ideas”) for, by way of example and without limitation, any features or functionality for the Service, you agree that such Ideas are non-confidential and non-proprietary, and that Kingdom Scene shall not be liable for the disclosure of such Ideas. You hereby grant and agree to grant to Kingdom Scene, under all your rights in the Ideas, an unrestricted, royalty-free, worldwide, fully paid-up, perpetual, irrevocable, non-exclusive, sublicensable and transferable right and license to incorporate, use, publish and exploit such Ideas for any purpose whatsoever, commercial or otherwise, including without limitation to incorporating it on the Service or any Kingdom Scene product or service, without compensation or accounting to you and without further recourse by you.
6.1. Purchase and Billing
Kingdom Scene may offer you the ability to purchase a limited license (a “Subscription”), which entitles you to access additional Content (“Subscription Content”) beyond that which is available on a “free-trial” or other non-paid basis. An Account Owner may purchase a Subscription, which may be used by a User associated with such Account Owner’s account. A Group Leader may purchase a Subscription, which may be used by a User under such Group Leader’s supervision and if the user is under 18 years of age, subject to authorization by their parent or legal guardian.
In all circumstances, however, Subscriptions can be purchased only by individuals who are 18 years of age or older. You agree that, to the extent you provide Kingdom Scene and/or its licensors or affiliates with any payment information, you represent that you are 18 years of age or older, are an authorized user of the chosen method of payment, and that all payment information you provide, including but not limited to your name, credit card or other payment account identifying number, expiration, security codes, billing address, and any other payment information will be current, complete, true and accurate.
Subscriptions may not be transferred, sold, gifted, traded, leased, sublicensed, or rented; provided, however, that a User’s immediate family member (parent, grandparent, uncle, aunt, brother, sister, son, daughter or legal guardian) may purchase a Subscription for such User’s use and benefit as a personal gift. Kingdom Scene reserves the right to impose limits on the number of Subscriptions that may be purchased and gifted in this manner.
All purchases of Subscriptions are final and are not refundable or exchangeable under any circumstances, except as required by applicable law. Subscriptions are not subject to return or redemption for money or anything of monetary value from Kingdom Scene or any other person or entity, except as otherwise required by applicable law. Neither Kingdom Scene nor any other person or entity has any obligation to exchange a Subscription for anything of value, including, but not limited to, real currency.
You acknowledge and agree that Kingdom Scene may engage in actions that may impact the perceived value or purchase price, if applicable, of a Subscription or Subscription Content at any time, except as prohibited by applicable law. Except as prohibited by applicable law, Kingdom Scene, in its sole discretion, has the absolute right to manage, modify, suspend, or eliminate Subscriptions or Subscription Content without notice or liability to you.
6.2. Limitations on License Granted by Subscription
A User who has paid for a Subscription, or has otherwise validly obtained access to Subscription Content, is a “Subscriber.” By purchasing a Subscription, you acknowledge and agree that a such Subscription is a non-exclusive, non-transferable, revocable, limited right to access Subscription Content for your personal or educational, non-commercial use exclusively through the Service, subject to these Terms. Access to Subscription Content is contingent on agreement and compliance with all of the Terms. If a Subscriber fails to do so, then Kingdom Scene, in its sole discretion, is entitled to immediately cancel the Subscription and may remove, ban or delete that Subscriber’s account or access to the Service.
If Kingdom Scene offers you the ability to purchase a certain type of Subscription for a one-time payment, called a “Lifetime Subscription,” you acknowledge and agree that the duration of such Lifetime Subscription is the lifetime of the Service, and that such Lifetime Subscription shall terminate upon the discontinuation of the Service.
7. Limitations on License Granted by Subscription
By using the Service, you are consenting to receive certain communications from us. For example, Kingdom Scene may send you newsletters about features, updates, and special offers. Such communications may include information about your account (e.g., change in password or payment information) or related to the Service. You may opt-out of communications upon request.
8. Lightgliders Code of Conduct
All Users of the Service must agree to follow the Lightgliders Code of Conduct (“Behavior Principles”) listed below. In the event of any actual or perceived conflict between the Behavior Principles and the Terms, the Terms shall prevail. You understand and agree that if you (or, if you are an Account Owner, a User associated with such account) violate the Behavior Principles, as determined by Kingdom Scene in its sole discretion, we reserve the right to (a) edit, remove, or delete any Content or Submission that violates the Behavior Principles or these Terms; and (b) suspend or terminate your account from the Service. In the event that Kingdom Scene suspends or terminates your account for violating the Behavior Principles you agree that you are not entitled to any refund, whether in whole or in part, of any money paid in connection with your use of the Service including, but not limited to, any Subscription.
Lightgliders Code of Conduct
- Be kind and respectful to other Users.
- Do not bully, threaten or harass anyone.
- Do not use swear words, foul language or inappropriate words.
- Do not do anything that makes other Users feel uncomfortable.
- Do not do anything inappropriate to other Users. Even if you are joking, it will not be tolerated.
- Report any User who is not following the Behavior Principles.
- To summarize, do not say, do, or put anything on the Service that is harmful, abusive, defamatory, libelous, obscene, embarrassing, unwanted, hateful, racially or ethnically offensive, infringing or invasive of someone else’s privacy.
- Make sure the information you give Kingdom Scene about yourself is true and accurate.
- Do not submit any false information to Kingdom Scene.
- Do not create a false User account or pretend to be another User.
- Do not create a User account that would cause other Users to think you are someone you are not, such as a celebrity, Kingdom Scene or Lightgliders representative, or anyone else who is not you.
Never Share Any Personal Information
- Do not give any personal information about yourself to another User, such as your name, phone number, address, email, or any information that could tell another User who you are or let them contact you outside of the Service. This includes any Skype accounts, webcams, IM usernames, social networking accounts, photos, videos, or anything else that could identify you to another User.
- Make sure your username does not contain your real name.
- Do not share anyone else’s personal information, including their name or any contact information.
- Do not ask for any personal information from other Users.
- Do not use any information or codes in the Service that are not authorized by Kingdom Scene.
- Do not mislead any other Users in order to get their information.
- Do not try to access any unauthorized areas of the Service.
- Do not try to get past any of the security measures of the Service.
- No hacking, phishing, password mining, or social engineering.
No Advertising or Spamming
- Do not do or say anything on the Service that promotes or advertises products that do not belong to Kingdom Scene.
- Do not offer to sell or buy any goods or services for any purpose.
- Do not put any chain letters, junk email, spam, or any duplicative or unsolicited messages, commercial or otherwise, on the Service.
- Do not send Kingdom Scene any confidential or proprietary information. If you send us confidential or proprietary information, we will destroy it.
- If you send us anything that is not confidential, we will consider it our information.
Linking to the Service
- If you link to the Service you cannot state, suggest or imply any kind of affiliation or connection to Kingdom Scene unless you have written permission from Kingdom Scene to do so.
- If you link to the Service you cannot portray Kingdom Scene or the Service in any way that is false, defamatory, derogatory, misleading or offensive.
No Viruses or Spyware
- Make sure that everything you put on the Service is clean and does not contain any viruses, malware or spyware.
- Do not put anything on the Service that may contain any malicious code, including viruses, malware, spyware, Trojan horses, or any other corrupted data, that may in any way damage or interfere with the operation of the Service, other Users’ ability to access the Service, or other Users’ computers.
Follow the Law
- Do not do anything on the Service that infringes any copyright, trademark, patent, trade secret, privacy, publicity, or other right of someone else. This means do not put anything on the Service that does not belong to you. This includes any images, photographs, sound files, and text files that are not yours.
- Do not violate any laws or regulations that may apply to the Service.
- Do not promote or encourage any illegal behavior.
- Kingdom Scene will report any illegal behavior or activity on the Service to the proper law enforcement authorities.
9. Disclaimer of Warranty and Limitation of Liability
9.1. Use of Service
You expressly agree that the use of the Service is at your sole risk. You agree that the use of the Service is provided on an “as is” and “as available” basis, without warranties or conditions of any kind, either express or implied. We make no warranty that (a) the Services will meet your requirements; (b) the Services will be uninterrupted, timely, secure, or error-free; (c) the results that may be obtained from the use of the Services will be effective, accurate, or reliable; or (d) the quality of any products, services or information obtained by you through the Service will meet your expectations or be free from Mistakes, errors or defects.
You acknowledge that certain aspects of the Service, including without limitation video- or audio-streaming and single or multiplayer interactive games, are available only through the use of an active Internet, wifi, or cellular data connection. You agree that you are responsible for all Internet access and data-use charges which you may incur by using the Service. Please check with your Internet or cellular service provider for more information about such charges.
9.2. Limitation of Liability
You acknowledge and agree that, to the maximum extent permissible by law, Kingdom Scene is not liable for any act or failure to act by them or any other person regarding the conduct, communications, or Content accessible through the Service. Kingdom Scene assumes no responsibility for any damages suffered by you. In no case is Kingdom Scene liable for any damages of any kind, including, without limitation, any special, punitive, incidental, indirect or consequential damages of any kind, or any damages whatsoever, including without limitation those resulting from loss of use or data, whether or not we have been advised of the possibility of such damages, on any theory of liability, arising out of or in connection with the use of the service.
Because some jurisdictions do not allow the exclusion or the limitation of liability, in such jurisdictions the liability of Kingdom Scene will be limited to the fullest extent permitted by law.
Residents of California are entitled to the following specific consumer rights information: you may contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs by mail at 400 R St., Suite 1080, Sacramento, California, 95814, or by telephone at 916.445.1254. California residents expressly agree to waive California Civil Code Sec. 1542, which states: “A general release does not extend the claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
9.3. Additional Limitations on Licensed Application
In the event of any failure of the Licensed Application to conform to any applicable warranty (if any), you may notify the applicable App Store, and it will refund the purchase price for the Licensed Application to you (if any). To the maximum extent permitted by applicable law, the Apple iOS, Android or other App Stores will have no other warranty obligation whatsoever with respect to the Licensed Application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Kingdom Scene’s responsibility. End-user questions, complaints or claims with respect to the Licensed Application should be directed to the Kingdom Scene contact information listed at the end of these Terms.
Kingdom Scene, or its licensors, are responsible for providing any maintenance and support services with respect to the Licensed Application, as specified herein, or as required under applicable law. You acknowledge that Apple iOS, Android, Windows or other App Stores has no obligation whatsoever to furnish any maintenance and support services with respect to the Licensed Application.
9.4. Limitation Related to User Communications ad Account Owners
A “User Communication” is any message, post, statement, image, or other communicative Content submitted to the Service by you or any other User. Without limiting any part of Sections 9.2 or 9.3, you acknowledge and agree that Kingdom Scene is not responsible for any User Communications, and is not liable for any injury or damages that may result from any User Communications. You understand that Kingdom Scene neither claims to, nor does, monitor all User Communications made on, or in connection to, the Service. Kingdom Scene does not endorse any User Communication nor do User Communications reflect the views or opinions of Kingdom Scene. Kingdom Scene cannot guarantee the authenticity of any User Communication or any data that Users may provide about themselves.
Without limiting any part of Sections 9.2 or 9.3, you acknowledge and agree that Kingdom Scene is not responsible or liable for any act, failure to act, or other interaction between (a) any Account Owner and the Users related to such Account Owner’s account; or (b) any Group Leader and the Users subject to such Group Leader’s supervision.
10. Disclaimer of Warranty and Limitation of Liability
The Service may link you to other websites or otherwise include references to information, materials and/or services provided by third-parties (“Linked Sites”). Such Linked Sites are not under Kingdom Scene’s control, and you acknowledge that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such Linked Sites, nor are we responsible for errors or omissions in any references to other parties or their products and services. The inclusion of a link or reference to a Linked Site is provided merely as a convenience and does not imply endorsement of, or association with, the Linked Site or party by us, or any warranty of any kind, either expressed or implied. You further agree that Kingdom Scene does not have any responsibility or liability for any actions you take on the Linked Sites. We encourage you to carefully review the terms, conditions, and privacy policies of any Linked Sites before you use them.
11. Service Termination, Suspension, and Changes
Kingdom Scene reserves the right to terminate, suspend, or change the Service or feature of the Service at any time, for any reason or no reason, with or without notice to you. Kingdom Scene reserves the right to terminate or suspend your Service account when Kingdom Scene, in its sole discretion, deems (a) that you have violated these Terms, the Behavior Principles, or other policies related to the Service (including the policies of affiliates accessible by the Service); or (b) committed such other actions where Kingdom Scene deems termination or suspension is appropriate or necessary. In such instances, Kingdom Scene is not liable for any claims you may have due to your inability to access the Service.
12. Service Monitoring
Kingdom Scene reserves the right to monitor all behavior and activity on, or connected to, the Service. However, Kingdom Scene does not represent or guarantee that it will necessarily monitor any or all behavior and activity on, or connected to, the Service.
You agree to defend, indemnify, and hold Kingdom Scene and its affiliates, directors, executives, employees, contractors, agents and assigns harmless from all liabilities, claims, losses, cost and expenses, including attorney’s fees, that arise from (a) your use of, or activities in connection with the Service; (b) any violation of these Terms by you or through your account; (c) any allegation that any Submission you make available via the Service infringes or otherwise violates the copyright, trademark, trade secret, privacy or other intellectual property rights of any third party. Kingdom Scene reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Kingdom Scene in asserting any available defenses.
14. Christian Faith
Lightgliders was created to encourage Biblical faith, positive values, and meaningful conversations among kids and families. Its faith content may contain Scripture. Unless otherwise indicated, all Scripture quotations are taken from the Holy Bible, New Living Translation, copyright © 1996, 2004, 2007, 2013 by Tyndale House Foundation. Used by permission of Tyndale House Publishers, Inc., Carol Stream, Illinois 60188. All rights reserved.
15. Limitation of Liability for App Store Providers
By using the Licensed Application, you acknowledge that Kingdom Scene, and not Apple, Google, Microsoft, or any other App Store provider, is responsible for addressing any Dispute (as defined below) relating to the Licensed Application or your possession and/or use of the Licensed Application including, but not limited to: (a) product liability claims; (b) any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation. In the event of any third party claim that the Licensed Application or the end-user’s possession and use of that Licensed Application infringes that third party’s intellectual property rights, Kingdom Scene, not Apple, Google, Microsoft or any other App Store provider, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual properly infringement claim. You acknowledge and agree that Apple, Google, Microsoft or any other App Store provider, and their subsidiaries, are third party beneficiaries of the agreement set forth in these Terms, and upon your acceptance of these Terms, Apple, Google, Microsoft or any other App Store provider will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary thereof.
16. Dispute Resolution and Arbitration
You acknowledge and agree that any suit, action, proceeding, dispute, controversy, or claim (a “Dispute”) that you assert against Kingdom Scene in relation to the Service must be made by you within one year of the alleged incident from which such Dispute arose. Otherwise, you are permanently barred from any cause of action relating to the alleged incident.
By using the Service, you specifically acknowledge, agree and consent that you waive your right to a trial, by jury or otherwise, and that any Dispute related to the Service (including without limitation the Licensed Application) or the Terms will be addressed using the following procedures:
- All parties will first attempt to negotiate all Disputes informally for at least thirty days before initiating any formal arbitration. Such informal negotiations shall commence following the receipt of a notice in writing by one of the parties sent to the other.
- Kingdom Scene will send its notice to your billing address and email you a copy to the email address you have provided to us.
- You may send any notice to Kingdom Scene to the address listed in the Contact Us section below.
If the Dispute is not resolved through the above informal negotiations, the Dispute shall be resolved by binding arbitration before a sole arbitrator. Any arbitration will take place in or around St. Louis, Missouri using the English language in accordance with the Commercial Arbitration Rules and Procedures of the American Arbitration Association (“AAA”) then in effect, by one arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of AAA arbitrators. The determination of whether a dispute is subject to arbitration shall be governed by the Federal Arbitration Act and determined by an arbitrator rather than a court.
The prevailing party in any arbitration or other proceeding arising under the Terms shall be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys' fees, expert witness fees and all other expenses) incurred. Judgment upon the award rendered may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement. Each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator.
Use of the Service is not authorized in any jurisdiction that does not give effect to all provisions of the Terms, including without limitation, this section.
You agree that any arbitration shall be limited to the claims between you and Kingdom Scene individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other; (b) there is no right or authority for any dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
17. Governing Law, Jurisdiction and Venue
Any dispute between the parties arising from or relating to these Terms, whether or not subject to arbitration, will be governed by these Terms and the laws of the State of Missouri and applicable United States law, without giving effect to any conflict of laws principles that may provide for the application of the law of another jurisdiction. In the event that a Dispute between the parties arising from or relating to these Terms is not subject to arbitration, or where no election to arbitrate has been made, such Dispute shall be decided by the state and federal courts in St. Louis, Missouri. You and Kingdom Scene expressly agree to submit to the personal jurisdiction of, and venue before, such courts.
The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree that if you choose to access the Service from outside of the United States, other laws may apply and those laws shall affect the Terms only to the extent required by such jurisdiction. In such a case, the Terms shall be interpreted to give maximum effect to the terms and conditions hereof.
You cannot assign or transfer any of your rights or obligations under the Terms without Kingdom Scene’s express prior written consent. Kingdom Scene, in its sole discretion, may transfer or assign the Service, Users or the Terms, in whole or part, at any time. The Terms shall be binding between you and any third party and its successors to whom Kingdom Scene has transferred or assigned these rights.
19. Enforcement of the Terms
Kingdom Scene’s failure to enforce any part of the Terms is not a waiver of Kingdom Scene’s ability to enforce such provisions. If any part of these Terms are determined to be invalid or unenforceable, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms shall continue in effect.
20. Modification the Terms
Kingdom Scene may change, remove, or add to these Terms at any time. Any change, removal, or addition to the Terms is effective as soon as it is posted to the Service.
21. Complete Agreement
These Terms constitute the entire agreement and understanding between you and Kingdom Scene concerning the subject matter of the Service and supersedes all prior agreements and understands of the parties.
22. Notices and Violation Reporting
All notices to a party shall be in writing and shall be made either via email, conventional mail, or courier. Notices to Kingdom Scene must be sent to the address or email address listed below. Notices to you may be sent to the email or mailing address supplied to you as part of your account or user profile, if any. In addition, Kingdom Scene may broadcast notices or messages through the Service to inform you of changes to the Service or other matters of importance, and such broadcasts shall constitute notice to you at the time of sending.
Kingdom Scene encourages all Users and Account Owners to report any instance in which any other User is violating these Terms, the Behavior Principles, doing something illegal, or engaging in other behavior that makes you feel uncomfortable. If you see any such behavior, or have questions about these Terms or anything else regarding the Service, please contact Kingdom Scene at the following address:
211 S. Central Avenue, Ste. 100
St. Louis, Missouri 63105
Phone: 314-200-4281; or toll free at 1-888-586-7757