Terms Of Service - Divine Theology

PLEASE READ THE FOLLOWING TERMS CAREFULLY.

BY CLICKING “I ACCEPT,” OR BY OTHERWISE ACCESSING OR USING THE SERVICE, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND, AS A CONDITION TO YOUR USE OF THE SERVICE, YOU AGREE TO BE BOUND BY, THE FOLLOWING TERMS AND CONDITIONS, INCLUDING DIVINE THEOLOGY’S PRIVACY POLICY (TOGETHER, THESE “TERMS”). IF YOU ARE NOT ELIGIBLE, OR DO NOT AGREE TO THE TERMS, THEN YOU DO NOT HAVE OUR PERMISSION TO USE THE SERVICE. YOUR USE OF THE SERVICE, AND DIVINE THEOLOGY’S PROVISION OF THE SERVICE TO YOU, CONSTITUTES AN AGREEMENT BY DIVINE THEOLOGY AND BY YOU TO BE BOUND BY THESE TERMS.

Divine Theology Service Overview.
We offer a website where you can purchase merchandise that we make available for sale, including digital products and memberships (“Memberships” and, collectively with all other merchandise, “Products”). Our mission is to spread the love of Christ through high-quality apparel that reflects Christian values. By using our website, you agree to these Terms of Services.

Eligibility.
You must be at least 13 years old to use the Service. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 13 years old; (b) you have not previously been suspended or removed from the Service; and (c) your registration and your use of the Service is in compliance with any and all applicable laws and regulations. If you are an entity, organization, or Creator, the individual accepting these Terms on your behalf represents and warrants that they have the authority to bind you to these Terms and you agree to be bound by these Terms.

Accounts and Registration.
To access any Membership, you must register for an account. When you register for an account, you may be required to provide us with some information about yourself, such as your name, email address, or other contact information. You agree that the information you provide to us is accurate and that you will keep it accurate and up-to-date at all times. When you register, you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account. If you believe that your account is no longer secure, then you must immediately notify us at support@divinetheology.com.

General Payment Terms.
Purchase of any Product through the Service may require you to pay fees. Before you pay any fees, you will have an opportunity to review and accept the fees that you will be charged. All fees are in U.S. Dollars.

Price.
Divine Theology reserves the right to determine pricing for all Products and Memberships. Divine Theology will make reasonable efforts to keep pricing information published on the website up to date. We encourage you to check our website periodically for current pricing information. Divine Theology may change the fees for any Product or Membership if we give you advance notice of changes before they apply. Divine Theology, at its sole discretion, may make promotional offers with different features and different pricing to any of our customers. These promotional offers, unless made to you, will not apply to your offer or these Terms.

Authorization.
You authorize Divine Theology and its third-party payment processors to charge all sums for the Products you purchase and Memberships you subscribe to, including all applicable taxes, to the payment method specified in your account. If you pay any fees with a credit card, Divine Theology or its third-party payment processors may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase.

Memberships.
Memberships may include automatically recurring payments for periodic charges. If you activate such a Membership, you authorize Divine Theology or its third-party payment processors to periodically charge, on a going-forward basis and until cancellation of either the recurring payments or the applicable Membership, all accrued sums on or before the payment due date for the accrued sums. The “Membership Billing Date” is the date when you purchase the applicable Membership. Your account will be charged automatically on the Membership Billing Date for all applicable fees and taxes for the next Membership period. The Membership will continue unless and until you cancel your Membership or we terminate it. You must cancel your Membership before it renews in order to avoid billing of the next periodic Membership Fee to your account. Divine Theology or its third-party payment processor will bill the periodic Membership Fee to the payment method you provide to us during registration (or to a different payment method if you change your payment information). You may cancel the Membership by accessing the Billing tab in your profile within the site or by contacting us at support@divinetheology.com.

Returns and Refunds.
We will accept all returns for defective Products made within 30 days of the purchase date (“Returns”). We will issue you a full refund for all Returns and will pay for the return shipping of any Return if such shipping is required. We will not accept any returns of, nor issue any refunds for, any Products that are not defective.

Shipping and Delivery.
All Products purchased through the Service will be shipped according to the terms provided at the time of purchase to the shipping address you provide to us. You will be responsible for all shipping costs, which will be specified for you at checkout.

Licenses

Limited License.
Subject to your complete and ongoing compliance with these Terms, Divine Theology grants you, solely for your personal, non-commercial use, a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service and any Memberships to which you have subscribed during the term of your subscription.

License Restrictions.
Except and solely to the extent such a restriction is impermissible under applicable law, you may not: (a) reproduce, distribute, publicly display, or publicly perform the Service; (b) make modifications to the Service; or (c) interfere with or circumvent any feature of the Service, including any security or access control mechanism. If you are prohibited under applicable law from using the Service, you may not use it.

Feedback.
If you choose to provide input and suggestions regarding problems with or proposed modifications or improvements to the Service or any Products (“Feedback”), then you hereby grant Divine Theology an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to exploit the Feedback in any manner and for any purpose, including to improve the Service and create other products and services.

Ownership; Proprietary Rights.
The Service is owned and operated by Divine Theology. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Service and Products (“Materials”) provided by Divine Theology are protected by intellectual property and other laws. All Materials included in the Service are the property of Divine Theology or its third-party licensors. Except as expressly authorized by Divine Theology, you may not make use of the Materials. Divine Theology reserves all rights to the Materials not granted expressly in these Terms.

Prohibited Conduct.
BY USING THE SERVICE YOU AGREE NOT TO:

Use the Service for any illegal purpose or in violation of any local, state, national, or international law;
Violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third party intellectual property right;
Interfere with security-related features of the Service, including by: (i) disabling or circumventing features that prevent or limit use or copying of any content; or (ii) reverse engineering or otherwise attempting to discover the source code of any portion of the Service except to the extent that the activity is expressly permitted by applicable law;
Interfere with the operation of the Service or any user’s enjoyment of the Service, including by: (i) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (ii) making any unsolicited offer or advertisement to another user of the Service; (iii) collecting personal information about another user or third party without consent; or (iv) interfering with or disrupting any network, equipment, or server connected to or used to provide the Service;
Perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation, accessing any other Service account without permission, or falsifying your age or date of birth;
Sell or otherwise transfer the access granted under these Terms or any Materials (as defined in Section 6) or any right or ability to view, access, or use any Materials; or
Attempt to do any of the acts described in this Section 7 or assist or permit any person in engaging in any of the acts described in this Section 7.

Modification of these Terms.
We reserve the right to change these Terms on a going-forward basis at any time. any provision of these Terms, your authorization to access the Service and these Terms automatically terminate. In addition, Divine Theology may, at its sole discretion, terminate these Terms or your account on the Service, or suspend or terminate your access to the Service, at any time for any reason or no reason, with or without notice. You may terminate your account and these Terms at any time by contacting customer service at support@divinetheology.com.

Effect of Termination.
Upon termination of these Terms: (a) your license rights will terminate and you must immediately cease all use of the Service; (b) you will no longer be authorized to access your account or the Service; (c) you must pay Divine Theology any unpaid amount that was due prior to termination; and (d) all payment obligations accrued prior to termination and will survive.

Indemnity

To the fullest extent permitted by law, you agree to be responsible for your use of the Service and to defend and indemnify Divine Theology, its officers, directors, employees, consultants, affiliates, subsidiaries, agents, against any claims brought by third parties. This includes covering any related liabilities, damages, losses, and expenses, such as reasonable attorneys’ fees and costs, arising from: (a) your unauthorized or improper use of the Service; (b) your breach of these Terms, any related representations, warranties, or agreements, or any applicable laws or regulations; (c) your infringement of any third-party rights, including intellectual property, publicity, confidentiality, or privacy rights; or (d) any disputes or issues between you and third parties. Divine Theology reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you, and you agree to cooperate with our defense in such cases.

Disclaimers; No Warranties

THE SERVICE, INCLUDING ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, IS PROVIDED “AS IS” AND “AS AVAILABLE.” DIVINE THEOLOGY, LLC DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATED TO THE SERVICE, INCLUDING: (A) ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR THE DIVINE THEOLOGY, LLC ENTITIES, OR FROM ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE, WILL CREATE ANY WARRANTY THAT IS NOT EXPRESSLY STATED IN THESE TERMS. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE RESULTING FROM YOUR USE OF THE SERVICE OR YOUR DEALINGS WITH OTHER SERVICE USERS. YOU USE THE SERVICE AT YOUR OWN RISK AND ARE RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE) OR ANY LOSS OF DATA, INCLUDING USER CONTENT.

THE SERVICE IS PROVIDED THROUGH HOSTSTINGER, BUT ALL TERMS AND PURCHASES ARE BETWEEN YOU AND DIVINE THEOLOGY ONLY. YOU ACKNOWLEDGE THAT HOSTSTINGER IS NOT A PARTY TO THESE TERMS AND WILL HAVE NO LIABILITY FOR DAMAGES OR LOSSES INCURRED FROM USING THE SERVICE OR PURCHASING PRODUCTS.

Miscellaneous

General Terms: These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference, constitute the entire agreement between you and Divine Theology regarding your use of the Service. You may not assign or transfer these Terms or your rights without prior written consent from us. We may assign these Terms without notice. Failure to enforce any provision of these Terms does not waive our right to enforce it later. Section headers are for convenience only and do not affect the interpretation of these Terms. The term “including” means “including but not limited to.” If any part of these Terms is invalid or unenforceable, the remaining parts will still apply.

Governing Law: These Terms are governed by the laws of the State of South Carolina, without regard to conflict of law principles. You and Divine Theology submit to the exclusive jurisdiction of the state and federal courts located in South Carolina for any legal proceedings arising under these Terms.

Privacy Policy: Please review the Divine Theology Privacy Policy for information on how we collect, use, store, and disclose your personal information. The Privacy Policy is incorporated by reference into these Terms.

Additional Terms: Your use of the Service is subject to any additional terms, policies, rules, or guidelines that we may post or link to from the Service (the “Additional Terms”). All Additional Terms are incorporated into these Terms.

Consent to Electronic Communications: By using the Service, you consent to receiving electronic communications from us as detailed in our Privacy Policy. Any notices or communications we send electronically will meet legal communication requirements.

Contact Information: The Service is offered by Divine Theology. You may contact us via email at support@divinetheology.com

Notice to South Carolina Residents: If you are a South Carolina resident, you may contact the South Carolina Department of Consumer Affairs for complaints or additional information.

No Support: We are not obligated to provide support for the Service. If we offer support, it will be subject to our published policies.

International Use: The Service is intended for users in the United States. We do not guarantee that the Service is appropriate or available for use outside the United States, and access from prohibited locations is not allowed.

No Support: We are not obligated to provide support for the Service. If we offer support, it will be subject to our published policies.