iOS Application License Agreement
This Application License Agreement (“Agreement”) between XXXchurch.com (“XXXchurch”) and you (“You”) governs Your use of X3Watch Premium Application (the “Application”). XXXchurch and You acknowledge that this Agreement is concluded between XXXchurch and You, and not with Apple, and XXXchurch, not Apple, is solely responsible for the Application and the content thereof.
The Application is an Internet monitoring and control product that consists of client software installed on Your supported personal computers or mobile devices that intercepts Internet-bound traffic and sends it to the XXXchurch servers for categorization. The client-server solution is designed to monitor traffic and provide You with the option of blocking undesirable content. The Application also provides You with the option to share information regarding Your Internet use with third parties that You choose. The client software on Your personal computer connects to a server network infrastructure that is deployed on the Internet and operated as a managed service by XXXchurch and other service providers. The Application does not enable You to access the Internet. You must separately have Internet access service in order to utilize the Application. XXXchurch may at any time without notice or liability restrict the use of the Application or limit its availability in order to perform maintenance activities.
As described below, Your use of the Application also operates as Your consent to (i) the transmission of certain computer information to XXXchurch during the installation, configuration and use of the Application (ii) the use of the Internet-based services that constitute an integral part of the Application and (iii) the transmission of information regarding Your Internet use to third parties designated by You. If You comply with these license terms, You have the rights below as a licensed user of the Application for each license that You acquire.
Scope of License.
This license granted to You for the Application by XXXchurch is limited to a non-transferable license to use the Application on any iPhone or iPod touch that You own or control and as permitted by the Usage Rules set forth in Section 9.b. of the App Store Terms and Conditions (the “Usage Rules”). This license does not allow You to use the Application on any iPod touch or iPhone that You do not own or control, and You may not distribute or make the Application available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the Application. You may not copy (except as expressly permitted by this license and the Usage Rules), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Application, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with the Application). Any attempt to do so is a violation of the rights of XXXchurch. If You breach this restriction, You may be subject to prosecution and damages. The terms of the license will govern any upgrades provided by XXXchurch that replace and/or supplement the original Application, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.
XXXchurch has the right to terminate this license agreement and deactivate Your account upon Your breach of any term or obligation in this agreement. XXXchurch will retain all fees and other monies paid prior to termination without refund of fees allocable to any remaining portion of the current term. Upon termination of this agreement, any monies owed by You to XXXchurch will become due and payable immediately upon such termination.
You may not use the Application or the Internet-based services to upload, transmit, or transfer any data, information, materials, or content to XXXchurch or any third party other than transmissions or transfers of information necessary for the intended use of the Application. You also agree not to use the Application for any unlawful or improper purpose.
Accountability Sharing. The Application provides You with the option to send email reports detailing Your Internet use to third party email addresses that You provide to XXXchurch (the “Accountability Sharing”). Using the Application and electing the Accountability Sharing feature means that You (a) are giving XXXchurch permission to deliver email reports detailing the Internet usage of every device on which the Application is installed to the email addresses designated by You for Accountability Sharing and (b) represent and warrant (i) that You have the right to install the Application on each such computer, and (ii) that each user of each such computer has consented to the monitoring of such user’s Internet usage on such computer and to Accountability Sharing.
Free Trial Period. XXXchurch may offer a free trial period for the Application from time to time. During the free trial period You may use the Application without being charged, subject in all respects to the terms and conditions of this agreement. At the expiration of the free trial period, You will be required to pay for a version of the Application appropriate for Your operating system, or to uninstall the Application. Trial accounts that are not activated may be purged from our systems after expiration.
Internet-Based Services. XXXchurch includes Internet-based services as an integral part of website categorization and other features of the Application. XXXchurch may modify or cancel these services at any time. You will not receive a separate notice when You connect to an Internet-based service. You may not use the Application or the Internet-based services in any way that could harm them or impair any other user’s access to or use of these services. You may not use these services to gain, or attempt to gain, unauthorized access to any service, data, account or network by any means.
Fees. XXXchurch reserves the right to accept or not accept certain methods of payment and reserves the right to change fees or billing methods at any time and from time to time. Any changes in fees or billing methods will be effective upon notice to You or 30 days after XXXchurch publishes the new fees or billing methods on its website, whichever is earlier. XXXchurch accepts credit cards and debit cards as payment for its services. The subscription fee for the Initial Term and for each Renewal Term is billed and collected in advance. You must maintain an active and valid e-mail account for the term of Your subscription. It is Your responsibility to notify XXXchurch of e-mail address changes. Late charges or service fees may be applied if accounts are ten (10) or more days past due and will not be waived if You fail to receive notice because of no e-mail account, an e-mail account set up to block XXXchurch e-mail correspondence, or an invalid e-mail account. Any account that is 10 or more days past due will be deactivated by XXXchurch and may be terminated at the discretion of XXXchurch. XXXchurch will apply a late fee or service charge of 1.5% per month for past dues balances. Charges for each Renewal Term will be charged automatically to Your credit card upon commencement of each Renewal Term as described in Section 6 below. XXXchurch is under no obligation to, and does not currently, provide prorated refunds.
Automatic Renewal. In order to ensure that You do not experience a lapse in the protection provided by the Application, XXXchurch will automatically charge Your account for the applicable license and service fees at the then-current subscription rate for the Application upon commencement of each Renewal Term. If You are on the yearly plan, Your account will be renewed on the 31st day before the expiration of Your current term. If the initial renewal attempt failed, it will be submitted again on the 15th day before the expiration of Your current term. If You are on the monthly plan, Your account will be renewed on the 6th day before the expiration of Your current term. You must cancel your subscription in advance of the expiration of the Initial Term or applicable Renewal Term if You wish to terminate automatic renewal of Your Application subscription. Termination of the automatic renewal does not cancel Your account.
Cancellation. To cancel Your X3watch subscription, sign into your X3watch online account to access your billing information and cancel your subscription. You will receive a response to Your cancellation request by e-mail, confirming that the subscription has been terminated. Uninstalling the Application does not cancel your subscription or delete your X3watch account. You agree that all fees paid to XXXchurch prior to Your cancellation may be retained by XXXchurch and are not subject to refund.
Deletion of Your Account. To delete Your X3watch account, You may submit a support ticket by visiting http://support.x3watch.com. Account deletion requests by e-mail will not be accepted. You will receive a response to Your deletion request by e-mail, confirming that the account has been deleted. Uninstalling the Application does not delete Your account. You will need to request that Your account be deleted. You agree that all fees paid to XXXchurch prior to Your account deletion may be retained by XXXchurch and are not subject to refund.
Administrator Password. Your user configuration information for the Application is protected by an administrator password. In the event that You forget this password You may retrieve the password by visit our member page at https://www.x3watch.com/users/password/new. Your administrator password will be released only in the event that You can satisfy the specified security criteria established by XXXchurch.
X3watch is a trademark of Fireproof Ministries, Inc. All other logos, trademarks or registered trademarks are the property of their respective owners. XXXchurch’s rights in the Application, including programming code, formatting code or operating instructions created or designed by XXXchurch, and all intellectual property rights therein, as between You and XXXchurch, are and will remain the exclusive property of XXXchurch. XXXchurch reserves all rights not expressly granted to You in this agreement. You will have no claim of ownership or intellectual property rights in the Application.
You and XXXchurch acknowledge that, in the event of any third party claim that the Application or Your possession and use of the Application infringes that third party’s intellectual property rights, XXXchurch, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim
Third Party Information. The Application contains third party programs and components and makes use of third party Internet-based services, including but not limited to website categorization services. The license terms applicable to the third party programs, if any, apply to Your use of them. You obtain no rights in or to any such third party software except as may be expressly stated in any accompanying license agreement or terms. XXXchurch is not responsible for the accuracy, completeness, copyright compliance, legality, decency, or any other attribute of such third party programs.
Export Restrictions. The Application is subject to United States export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the Application. These laws include restrictions on destinations, end users and end use. XXXchurch makes no representation that the Application is appropriate or available for use outside the United States in any locations where its use is prohibited. You may not use or otherwise export or re-export the Application except as authorized by United States law and the laws of the jurisdiction in which the Application was obtained. In particular, but without limitation, the Application may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the Licensed Application, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of nuclear, missiles, or chemical or biological weapons.
Entire Agreement. This agreement (including the warranty below), additional terms and the terms for supplements, updates, software, Internet-based services and support services that You may use in connection with the Application, are the entire agreement for the Application and support services offered by XXXchurch and its affiliates.
Applicable Law and Taxes. This agreement is governed by California law applicable to contracts entered into and performed entirely within California, irrespective of conflict of laws principles. Any purchase of a license to the Application over the Internet shall be deemed to have occurred in the State of California, United States of America. Any action arising under, relating to or connected with this agreement or the use of the Application will be filed only in an appropriate court located in Pasadena, California, and the parties irrevocably consent and submit to the exclusive personal jurisdiction of such court for such purposes. You are solely responsible for all sales, use, ad valorem, value-added, or other taxes associated with Your licensing and use of the Application.
Legal Effect. This agreement describes certain legal rights. You may have other rights under the laws of Your state or country. You may also have rights with respect to the party from whom You acquired the Application. This agreement does not change Your rights under the laws of Your state or country if the laws of Your state or country do not permit it to do so.
Limitation on and Exclusion of Damages. IN NO EVENT WILL XXXCHURCH OR ITS AFFILIATES, BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY USE, INTERRUPTION, DELAY OR INABILITY TO USE THE APPLICATION, LOST REVENUES OR PROFITS, DELAYS, INTERRUPTION OR LOSS OF SERVICES, BUSINESS OR GOODWILL, LOSS OR CORRUPTION OF DATA, LOSS RESULTING FROM SYSTEM OR SYSTEM SERVICE FAILURE, MALFUNCTION OR SHUTDOWN, FAILURE TO ACCURATELY TRANSFER, READ OR TRANSMIT INFORMATION, FAILURE TO UPDATE OR PROVIDE CORRECT INFORMATION, SYSTEM INCOMPATIBILITY OR PROVISION OF INCORRECT COMPATIBILITY INFORMATION OR BREACHES IN SYSTEM SECURITY, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES, WHETHER ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT XXXCHURCH WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event shall XXXchurch’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
Waiver and Severability. A waiver by either party of any term or condition of this agreement or any breach thereof, in any one instance, will not be deemed or construed to be a waiver of such term or condition or any subsequent breach thereof. If a court of competent jurisdiction holds that any provision of this agreement is invalid or unenforceable as applied to any particular facts or circumstances, then (a) such ruling will not impair the validity and enforceability of the relevant provision as applied to any other particular facts or circumstances, (b) the validity of the other provisions of this agreement shall not in any way be affected or impaired, and (c) the relevant provision shall be reformed without further action by the parties to make the provision valid and enforceable when applied to the same facts and circumstances.
Amendment. XXXchurch reserves the right, at its discretion, to update or revise the terms of this Application license agreement without notice by posting an updated version on our website. Your continued use of the Application following the posting of any changes to this Application license agreement constitutes acceptance of such changes. Otherwise, no waiver, amendment, supplementation or modification of any provision of this agreement will be effective, except pursuant to a written instrument signed by XXXchurch.
Limited Warranty. If You follow the instructions and the Application is properly licensed, the following limited warranty will apply: when properly installed on a computer meeting the specifications set forth in, and operated in accordance with, the Documentation, the Application will perform substantially as described in the Documentation.
This limited warranty covers the Application for thirty (30) days after it is purchased.
This warranty does not cover problems caused by Your acts (or failures to act), the acts of others, or events beyond the reasonable control of XXXchurch.
If during the warranty period set forth above You notify XXXchurch in writing of a breach in the warranty in this Section 20, XXXchurch will repair or replace, at XXXchurch’s option, the Application at no charge. If XXXchurch cannot repair or replace it, XXXchurch will refund the amount shown on Your receipt for the Application. You must uninstall the Application and return any media and other associated materials to XXXchurch with proof of purchase to obtain a refund. These are Your only remedies for breach of the limited warranty.
You need proof of purchase for warranty service. For warranty service or information about how to obtain a refund for software acquired in the United States visit http://support.x3watch.com/.
EXCEPT FOR THE LIMITED WARRANTY SET FORTH ABOVE IN THIS SECTION 20 THE APPLICATION AND ANY DOCUMENTATION ARE PROVIDED TO YOU “AS IS” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, YOU EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE APPLICATION AND DOCUMENTATION, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, XXXCHURCH PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR FREE OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
XXXchurch is solely responsible for all product warranties related to the Application. In the event of any failure of the Application to conform to any applicable warranty, You may notify Apple, and Apple will refund the purchase price to You; and, to the maximum intent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of XXXchurch.
Maintenance and Support. Subject to the No Warranty exception above, XXXchurch is responsible for any maintenance and support services with respect to the Application. XXXchurch and You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application.
Money-Back Guarantee. Without limiting any of the other terms of this agreement, if for any reason You are not satisfied with the Application You may return it in its original condition within thirty (30) days of purchase for a full refund.
U.S. Government Restricted Rights. The Application is licensed to the U.S. Government with RESTRICTED RIGHTS. Use, duplication or disclosure by the U.S. Government is subject to the restrictions as set forth in the Rights in Technical Data and Computer Application clause at DFARS 252.227-7013 and the Computer Commercial Application clause at 48 CFR 52.227-19, as applicable. Contractor / Manufacturer is XXXchurch, PO Box 50048, Pasadena California 91115.
Product Claims. XXXchurch and You acknowledge that XXXchurch, not Apple, is responsible for addressing any claims by You or any third party relating to the Application or Your possession and/or use of the Application, including, but not limited to: (i) product liability claims; (ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
Third Party Beneficiary. You and XXXchurch acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement, and that, upon Your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce the Agreement against the end-user as a third party beneficiary thereof.
Binding Effect and Survival. This agreement is binding on and made for the benefit of the parties and their successors and permitted assigns. In addition, (a) all of the provisions of this agreement that limit damages and liability for and disclaim warranties and guaranties by XXXchurch, shall apply to XXXchurch’s suppliers, affiliates, resellers and distributors and (b) all of the provisions of this agreement that (i) limit damages and liability for and disclaim warranties and guaranties, (ii) provide for the interpretation of this agreement and (iii) set forth general legal terms (such as choice of law and venue) shall survive the expiration or termination of this agreement.
PO Box 50048
Pasadena California 91115
United States of America