Terms of Service

1. Agreement to these Terms

These Terms of Service (the "Terms") are a binding agreement between you and David Brown, doing business as Sermon Pipeline Media, a sole proprietorship located in San Diego County, California ("Sermon Pipeline Media," "we," "us" or "our"). They govern your use of the website at sermonpipelinemedia.com (the "Website") and of the services we provide to prepare sermon recordings and publish them to churches' own accounts using our software, Sermon Pipeline (together, the "Services").

By using the Website or the Services, you agree to these Terms. If you use the Services on behalf of a church or congregation, you represent that you are authorized to bind it to these Terms, and "you" includes that church or congregation. If you do not agree to these Terms, do not use the Website or the Services. Our Privacy Policy is incorporated into these Terms by reference.

2. Definitions

• "Client" means a church or congregation that has entered into a Services Agreement with us, together with the individuals acting on its behalf.
• "Services Agreement" means the written services agreement executed by a Client, including any order or invoice issued under it.
• "Client Content" means the recordings, logos, text and other materials a Client provides to us or authorizes us to obtain.
• "Derived Materials" means the edited video and audio, transcripts, captions, titles, show notes, chapter markers, artwork and clips we produce from Client Content.
• "Platforms" means the third-party services to which we publish at a Client's direction, including YouTube, Spotify, Apple Podcasts, iHeartRadio, Amazon Music, Instagram, Facebook and TikTok.

3. Services Agreement and order of precedence

The Services we provide to a Client, including their scope, schedule and fees, are set out in that Client's Services Agreement. These Terms supplement the Services Agreement. If these Terms conflict with a Services Agreement, the Services Agreement controls.

4. Fees and payment

Fees are as stated in the Client's Services Agreement and invoices, and are processed by our payment processor, Stripe. Prices shown on the Website are our current prices and may change. We will notify a Client by email at least thirty (30) days before a change in price applies to it. A Client may terminate its Services Agreement on thirty (30) days' notice at any time.

5. Third-party Platforms

The Services publish to Platforms that are operated by third parties under their own terms, and your use of the Services is subject to those terms. By using the Services to publish to YouTube, you agree to be bound by the YouTube Terms of Service. YouTube is a Google service, and the Google Privacy Policy applies to it. Publishing to Instagram, Facebook, TikTok, Spotify and the other Platforms is likewise subject to their respective terms, and each Client remains responsible for its accounts' compliance with them.

The Platforms are outside our control. They may change their rules, features and availability, and may reject, remove or restrict content or accounts for their own reasons. We are not responsible for the acts or omissions of any Platform. Where a Platform's action affects a Client, we will inform the Client and take such steps as are reasonably available to us.

6. Ownership of Client Content and license to us

As between you and us, the Client owns all Client Content and all Derived Materials. The Client grants us a limited, non-exclusive, royalty-free license, for the term of its Services Agreement, to reproduce, edit, transcribe, adapt, store and publish Client Content and Derived Materials solely as necessary to provide the Services, including through the service providers described in our Privacy Policy.

The Client also grants us a limited, non-exclusive, royalty-free license to display short excerpts of Derived Materials that the Client has already made public, as examples of our work. We will not use drafts or any material the Client has removed from public view. The Client may withdraw this license at any time by written notice to us.

7. Client responsibilities

Each Client represents, warrants and agrees that:

• it owns or has obtained all rights, licenses and permissions needed for us to publish Client Content, including any worship music, through its CCLI license or an equivalent license, and any copyright claim a Platform raises against the Client's account is the Client's to answer;
• it has given any notice to, and obtained any consent from, the individuals who appear in its recordings that applicable law requires;
• the information it provides to us is accurate and complete, and it will keep it current; and
• it will maintain our authorized access to its accounts as needed for the Services, and will comply with the terms of each Platform it uses.

We may decline to publish any material that we reasonably believe is unlawful or would violate a Platform's terms. If we do, we will tell the Client why.

8. Account access

We do not request, receive or store any Client account password. A Client grants access through each Platform's own authorization process and may revoke that access at any time, as described in our Privacy Policy. Revoking access may prevent us from providing the parts of the Services that depend on it.

9. Our intellectual property

The Sermon Pipeline software, the Website and its content, and the Sermon Pipeline Media name and logo are owned by us and protected by intellectual property laws. Except for the limited right to view and use the Website under these Terms, no license or other right is granted to you. You may not copy, modify, distribute or reverse engineer our software or Website, or use our name or logo, or otherwise present yourself as us, without our prior written consent.

10. Use of the Website

You may use the Website only for lawful purposes. You may not interfere with or disrupt the Website, attempt to gain unauthorized access to any part of it or to its systems, or use it in a manner that could damage, disable or overburden it. The Website may link to third-party websites, such as Spotify and YouTube, which we do not control and for which we are not responsible.

11. No guarantee of results

We do not guarantee any particular audience, reach, growth, engagement or search ranking. We work to bring each sermon to more people, but how many people choose to watch or listen depends on them and on the Platforms.

12. Disclaimer of warranties

Except as expressly stated in a Services Agreement, the Website and the Services are provided "as is" and "as available," without warranties of any kind, whether express, implied or statutory. To the fullest extent permitted by law, we disclaim all implied warranties, including the implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and any warranty that the Website or the Services will be uninterrupted, error-free or secure.

13. Limitation of liability

To the fullest extent permitted by law, neither party will be liable to the other for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any loss of profits, revenue, data or goodwill, arising out of or relating to these Terms, the Website or the Services, even if advised of the possibility of such damages.

To the fullest extent permitted by law, our total liability arising out of or relating to these Terms, the Website or the Services will not exceed (a) for a Client, the fees paid by that Client under its Services Agreement in the three (3) months before the claim; and (b) for anyone else, one hundred U.S. dollars (US $100).

Nothing in these Terms limits or excludes any liability that cannot be limited or excluded under applicable law, including liability for fraud, willful injury or violation of law under California Civil Code section 1668.

14. Indemnification

You agree to defend, indemnify and hold harmless Sermon Pipeline Media from and against any third-party claim, and any resulting loss, liability, damages, cost or expense (including reasonable attorneys' fees), arising out of or relating to (a) Client Content, including any claim that it infringes a copyright or other intellectual property right or violates a right of privacy or publicity; (b) your breach of these Terms or of a Services Agreement; or (c) your violation of any law, regulation or Platform terms. We will give you prompt written notice of any such claim and reasonable cooperation in its defense, at your expense. You may not settle any claim in a manner that imposes an obligation on us without our prior written consent.

15. Term and termination

A Services Agreement runs month to month until terminated as it provides. When it ends, we will remove our access to the Client's accounts, return any of the Client's materials we hold, and delete our copies as described in our Privacy Policy. We may suspend or end anyone's access to the Website at any time for conduct that violates these Terms. Sections 6 (as to ownership), 7, 9 and 11 through 18 survive any termination.

16. Disputes

16.1 Informal resolution

Before filing any claim, a party must first send the other a written notice describing the dispute and the relief sought: to us at hello@sermonpipelinemedia.com, and to a Client at the email address in its Services Agreement. The parties will then try in good faith to resolve the dispute for thirty (30) days. Either party may proceed after that period if the dispute is not resolved.

16.2 Governing law and venue

These Terms are governed by the laws of the State of California, without regard to its conflict-of-laws principles. Any dispute arising out of or relating to these Terms, the Website or the Services will be brought exclusively in the state or federal courts located in San Diego County, California, and each party consents to the personal jurisdiction of those courts. Either party may instead bring an individual claim in small claims court where it qualifies. Nothing in this Section prevents a party from seeking urgent injunctive relief to protect its intellectual property.

17. Changes to these Terms

We may update these Terms from time to time. We will post the updated Terms on this page with a new "Last updated" date. If a change materially affects Clients, we will notify them by email before it takes effect. Your continued use of the Website or the Services after a change takes effect constitutes your acceptance of the updated Terms.

18. General

• Entire agreement. These Terms, our Privacy Policy and, for a Client, its Services Agreement are the entire agreement between you and us concerning their subject matter.
• Severability. If any provision of these Terms is held unenforceable, it will be enforced to the maximum extent permitted, and the remaining provisions will remain in full force and effect.
• No waiver. A failure or delay in enforcing any provision is not a waiver of it.
• Assignment. You may not assign these Terms without our prior written consent. We may assign them in connection with a sale, merger or reorganization of our business.
• Events beyond our control. We are not liable for any delay or failure caused by events beyond our reasonable control, including Platform outages and changes, internet or power failures, and natural disasters.
• Notices. We may give notices by email to the address we have for you. You may give notices to us at hello@sermonpipelinemedia.com. You consent to receiving communications from us electronically.
• No third-party beneficiaries. These Terms do not create any right enforceable by anyone who is not a party to them.

Contact us

Sermon Pipeline Media
hello@sermonpipelinemedia.com
San Diego County, California