Terms and Conditions

Welcome to PictureSmartBible.com, a website owned and operated by Picture This Ministries. The following is an Agreement between you and Picture This Ministries which governs the use of this web site and any web page which is a part of this web site and your purchase of any product or service through the use of this web site.

1. ACCEPTANCE OF THE TERMS AND CONDITIONS OF THIS AGREEMENT. Your use of this web site, including visiting any page which is a part of this web site, and your purchase of any product or service through the use of this web site constitute your acceptance of the terms and conditions of this Agreement. You understand and acknowledge that your use of this web site and your purchase of any product or service through the use of this web site are conditioned on your prior acceptance of the terms of this Agreement. You agree to use this web site solely in accordance and compliance with the terms of this Agreement. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT USE THIS WEB SITE OR VISIT ANY PAGE WHICH IS A PART OF THIS WEB SITE OR PURCHASE ANY PRODUCT OR SERVICE THROUGH THE USE OF THIS WEB SITE. THIS AGREEMENT CONTAINS DISCLAIMERS AND LIMITATIONS OF WARRANTIES AND LIABILITIES AND PROVISIONS REGARDING WHERE A LAWSUIT MAY BE BROUGHT.

2. MODIFICATIONS OF THIS AGREEMENT. PictureThis! Ministries reserves the right, in its sole discretion, to modify and amend this Agreement in any manner at any time by posting a change notice or new agreement on Picture This Ministries. Your continued use of this web site and the purchase of any product or service through the use of this web site constitute your prior acceptance of the terms of such change notice or new agreement.

3. ADDITIONAL TERMS. Certain features, functions, and sections of this web site and the purchase of products and services through the use of this web site may be subject to additional posted terms and conditions governing the use of such features, functions and sections and the purchase of such products and services. Such additional posted terms and conditions are expressly incorporated into and made a part of this Agreement. In addition, PictureThis! Ministries may establish guidelines, policies, and codes of conduct governing the use of this web site and all such posted guidelines, policies, and codes of conduct are expressly incorporated into and made a part of this Agreement.

4. PROPER USAGE. You agree to use this web site, and to purchase products and services through the use of this web site, only for your own personal, noncommercial use unless you are in an express business relationship with Picture This Ministries. You agree not to use this web site (a) in any unlawful manner or in any manner that creates civil or criminal liability on the part of Picture This Ministries or is otherwise harmful to Picture This Ministries; (b) in any manner that could damage, disable, overburden, impair, impede, disrupt, or alter this web site; and (c) in any manner that would interfere, impair, impede, or disrupt the use of this web site by any third party. You agree not to post on or transmit through this web site any material that is unlawful; libelous; constitutes an invasion of privacy; harmful; threatening; abusive; harassing; defamatory; vulgar; obscene; sexually explicit; profane; hateful; racially, ethnically, or otherwise objectionable in any manner; constitutes a breach of your contractual and/or fiduciary obligations; infringes on any third party patent, trademark, trade name, corporate name, trade secret, copyright or other proprietary or property rights; or, contains viruses, Trojan horses, worms or other code, scripts, routines, files or programs designed to alter, interrupt, impede, limit or destroy the performance and/or functioning of any software, hardware, or other equipment. PictureThis! Ministries reserves the right in its sole discretion to prohibit any conduct, communications, content, or use of this web site, and to remove any content or communications, which in its sole discretion it finds objectionable or unacceptable in any manner.

5. INTELLECTUAL PROPERTY RIGHTS. A. PictureSmartbible.com, the Picture Smart logo, are trademarks owned by PictureThis! Ministries. No license or permission is given to you to use such trademarks, trade names, product names, corporate names, graphics or logos in any manner. B. The copyright in this web site, the content of this web site, and software utilized in this web site are owned by Picture This Ministries and its suppliers and licensors. All rights in and to such copyrights are reserved to their respective owners. No license or permission is given to you to use such copyrighted material in any manner. C. You may not remove, modify, or alter in any manner any notice regarding copyright, trademark, proprietary rights, warranty information, disclaimers, or warnings which are included in or on this web site or any service or product offered for use or sale through this web site. D. THE USE OF THIS WEB SITE, THE CONTENT OF THIS WEB SITE, THE SOFTWARE UTILIZED BY THIS WEB SITE, AND ANY SERVICE OR PRODUCT OFFERED FOR SALE THROUGH THIS WEB SITE, EXCEPT AS EXPRESSLY PERMITTED, IS STRICTLY PROHIBITED AND SHALL CONSTITUTE AN INFRINGEMENT ON THE INTELLECTUAL PROPERTY RIGHTS AND OTHER RIGHTS OF PICTURE THIS MINISITRIES AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT INFRINGEMENT.

6. DISCLAIMER OF WARRANTY; DISCLAIMER OF CONSEQUENTIAL DAMAGES; INDEMNIFICATION; AND LIMITATIONS ON PICTURE THIS MINISTRY'S LIABILITY. THIS WEB SITE, THE CONTENT OF THIS WEB SITE, THE SOFTWARE UTILIZED BY THIS WEB SITE, AND ANY SERVICE OR PRODUCT OFFERED FOR SALE THROUGH THIS WEB SITE ARE PROVIDED ON AN "AS IS" BASIS AND PICTURE THIS MINISTRIES MAKES NO WARRANITIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THIS WEB SITE, THE CONTENT OF THIS WEB SITE, THE SOFTWARE UTILIZED BY THIS WEB SITE, AND ANY SERVICE OR PRODUCT OFFERED FOR SALE THROUGH THIS WEB SITE. PICTURE THIS MINISTRIES HEREBY DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF NON-INFRINGEMENT, TITLE, MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE, AND ALL OTHER OBLIGATIONS OR LIABILITIES ON PICTURE THIS MINISTRY'S PART RELATING TO THIS WEB SITE, THE CONTENT OF THIS WEB SITE, THE SOFTWARE UTILIZED BY THIS WEB SITE, AND ANY SERVICE OR PRODUCT OFFERED FOR SALE THROUGH THIS WEB SITE, AND PICTURE THIS MINISTRIES NEITHER ASSUMES NOR AUTHORIZES ANY OTHER PERSON TO ASSUME FOR PICTURE THIS MINISTRIES ANY OTHER LIABILITIES OR OBLIGATIONS. PICTURE THIS MINISTRIES MAKES NO WARRANTY OR REPRESENTATION, AND HEREBY DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, THAT THE OPERATION OF THIS WEB SITE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT THIS WEB SITE IS FREE OF VIRUSES, TROJAN HORSES, WORMS OR OTHER CODE, SCRIPTS, ROUTINES, FILES OR PROGRAMS DESIGNED TO ALTER, INTERRUPT, IMPEDE, LIMIT OR DESTROY THE PERFORMANCE AND/OR FUNCTIONING OF ANY SOFTWARE, HARDWARE, OR OTHER EQUIPMENT. PICTURE THIS MINISTRIES SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXPENSE OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS OR DAMAGE TO ANCILLARY OR ATTACHED EQUIPMENT OR COMPONENTS THEREOF OR FOR LOSS OR NON-RECOVERABILITY OF ANY DATA OR STORED INFORMATION. PICTURE THIS MINISTRIES SHALL HAVE NO LIABILITY TO ANY THIRD PARTY ARISING FROM YOUR USE OF THIS WEB SITE, THE CONTENT OF THIS WEB SITE, THE SOFTWARE UTILIZED BY THIS WEB SITE, AND ANY SERVICE OR PRODUCT OFFERED FOR SALE THROUGH THIS WEB SITE. YOU AGREE TO, AND HEREBY DO, INDEMNIFY AND HOLD PICTURE THIS MINISTRIES HARMLESS FROM AND AGAINST ANY AND ALL LIABILITIES, DAMAGES, LOSSES, COSTS, AND EXPENSES, INCLUDING, WITHOUT LIMITATION, ATTORNEY'S FEES, TO ANY THIRD PARTY ARISING DIRECTLY OR INDIRECTLY FROM YOUR USE OF THIS WEB SITE, THE CONTENT OF THIS WEB SITE, THE SOFTWARE UTILIZED BY THIS WEB SITE, AND ANY SERVICE OR PRODUCT OFFERED FOR SALE THROUGH THIS WEB SITE. YOU AGREE TO, AND HEREBY DO, INDEMNIFY AND HOLD PICTURE THIS MINISTRIES HARMLESS FROM AND AGAINST ANY AND ALL LIABILITIES, DAMAGES, LOSSES, COSTS, AND EXPENSES, INCLUDING, WITHOUT LIMITATION, ATTORNEY'S FEES, ARISING FROM YOUR BREACH OF OR DEFAULT UNDER THE WITHIN AGREEMENT.

7. APPLICABLE LAW, JURISDICTION AND VENUE. This web site is created, controlled, owned and operated by Picture This Ministries in the State of California. The laws of the State of California shall govern and control this Agreement, the performance of each party under this Agreement, your use of this web site, and your purchase of services and products through your use of this web site. You and Picture This Ministries each hereby consent to the exclusive personal jurisdiction and subject matter jurisdiction of any of the courts in the State of California, whether federal or state, for any purpose or matter pertaining directly or indirectly to this Agreement, any purpose or matter arising from or in connection with the performance of this Agreement, any purpose or manner arising from or in connection with your use of this web site, and any purpose or manner arising from or in connection with your purchase of services and products through your use of this web site. You and Picture This Ministries each agree that any action or proceeding commenced for any purpose or matter pertaining directly or indirectly to this Agreement, any purpose or matter arising from or in connection with the performance of this Agreement, any purpose or manner arising from or in connection with your use of this web site, and any purpose or manner arising from or in connection with your purchase of services and products through your use of this web site shall be commenced and maintained only in a court in the State of California.

8. RISK OF LOSS. The risk of loss for and title to all products purchased by you through the use of this web site passes to you upon our delivery to the carrier.

9. AGE OF USER. If you are under the age of eighteen (18) years, you may use this web site and purchase products and services through the use of this web site only with the involvement and under the supervision of a parent or legal guardian.

10. TERMINATION OF USAGE. Picture This Ministry shall have the right at any time, with or without cause, and with or without notice to you to (i) cancel any order; (ii) terminate or suspend your right to use or access this web site; or (iii) terminate or suspend your right to purchase any product or service through the use of this web site.

11. YOUR ACCOUNT. In order to purchase products or services through the use of this web site, you may establish an account with Picture This Ministry. You are solely responsible for (i) maintaining the security and confidentiality of your account and your account password; (ii) restricting access to your computer and your account; and (iii) keeping your email address listed on your account current. You are solely responsible and liable for all activities, including, without limitation, all purchases of products and services through the use of this web site that occur under your account or your account password. You acknowledge and agree that Picture This Ministries may access, preserve, and disclose your account information, all content submitted by you, all communications to and from you, all information relating to your use of this web site, and all information relating to the use of this web site under your account or account password if PictureThis! Ministries is required to do so by law or legal process or if PictureThis! Ministries determines, in its sole discretion, that such action is necessary to protect the rights of Picture This Ministries, third parties, and other users of this web site or for purposes of responding to your request for customer service.

12. ELECTRONIC COMMUNICATIONS. You consent to receive electronic communications from Picture This Ministries either in the form of email sent to you at the email address listed on your account or by communications posted on this web site. You acknowledge and agree that any electronic communication in the form of such email or posting on this web site shall satisfy any legal requirement that such communication be in writing.

13. MISCELLANEOUS PROVISIONS. All terms, covenants, and conditions contained herein are severable and in the event any of them shall be held to be invalid by a court of competent jurisdiction, this Agreement shall be interpreted as if such invalid term, covenant, or condition were not contained herein.

Headings used in this Agreement are for convenience only and shall not affect the interpretation or construction of this Agreement. Any failure by PictureThis! Ministries to enforce any provision of this Agreement shall not constitute a waiver of such provision or prejudice the right of PictureThis! Ministries to enforce the provision at any subsequent time. The remedies reserved in this Agreement shall be cumulative and in addition to any other remedies provided in law or equity.