The SCOURBY Application for iPhone and iPad Users Terms and Conditions

1 USER TERMS AND CONDITIONS

Welcome to the SCOURBY Application, also referred to as the YOUBIBLE Application, and websites, services, digital download stores, and audio recordings associated therewith (hereinafter the “Application”;). Please read these Terms and Conditions as they constitute an agreement regarding the Application that includes legally binding terms and conditions governing your license to use the Application. These Terms and Conditions apply to the Application, which also includes digital audio recordings of the King James Bible narrated by Alexander Scourby. The Application is owned by Litchfield Associates Ltd., Inc. (hereinafter “Litchfield Associates, “we”, “us,” or “our”). These Terms and Conditions apply to all downloads purchased on our Scourby.com, iTunes Store, Google Play, Amazon, com or any other site (hereinafter “the Website”) that may offer our downloads, i.e. the Application. By accessing the Website and placing an order for “the Application,” you agree to accept and be bound by the following terms and conditions. If you do not accept these terms, then please do not download the Application. These are the terms on which you will be allowed to access and download the Application and any other services operated from time to time on the Website.

Litchfield Associates and its affiliates reserve the right to change the Terms and Conditions from time to time without notifying you. If you object to any such changes, your sole recourse shall be to cease using the Application. Continued use of the Application following the effective date of any such changes shall indicate your acknowledgement of such changes and agreement to be bound by the Terms and Conditions of such changes. Litchfield Associates may cease all or part of the Application at any time without notice and is not obligated to retain or return any post or comment. If you do not agree to any of these Terms and Conditions, please do not register for or use the Application. To assure your compliance with the above, we recommend you carefully review these Terms and Conditions.

  1. THE DOWNLOAD SERVICE

Unless and to the extent indicated otherwise, the Application (including past, present and future versions) and all content that is included in, on or that are otherwise a part of the Application are owned, controlled or licensed by Litchfield Associates, its subsidiaries or affiliates. The contents of the Application, including the selection, coordination and arrangement of the Application, are protected by, or subject to protection by, worldwide copyright, trademark, patent, trade secret, and/or other proprietary rights, laws and treaty provisions whether or not a copyright notice or other proprietary mark is present. You are permitted to download the Application to your computer, digital audio player, mobile electronic device, iPod, or any other electronic device and use the Application for personal use only. The act of downloading the Application gives you a limited non-exclusive, non-transferable, personal license to access, view, use, and listen to the Application on your devices for your personal, non-commercial use only.

The Application may not be transferred to others, given away to others, or sold to others. That would constitute a breach of contract and also copyright and other intellectual property violations.

You may not commercially exploit the Application, all materials and information (“Materials”) contained on the Application, nor underlying data, including without limitation: (i) creating derivative works of the Materials and the Application, (ii) using any data mining, robots, or similar data gathering and extraction tools on the Materials or the Application, (iii) creating a database, systematically downloading, store any or all of the Materials from the Application or the Application itself, (iv) linking or framing any portion of the Materials, (v) extracting, deriving or attempting to extract or derive any source code or structure of all or any portion of the Materials or the Application by reverse engineering, disassembly, decompilation or any other means, or (vi) using other manual or automatic device or process to retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the Materials or the Application.

You may not use the Application or Materials with other content or in a manner that is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, or contains explicit or graphic descriptions, nor may your use victimize, harass, degrade, or intimidate an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability.

You may not use the Application or Materials as a means to engage in conduct that reflects poorly upon, disparages or devalues Litchfield Associates’ reputation or goodwill, as determined in Litchfield Associates’ sole discretion.

All right, title, and interest in the Application not expressly granted to you in these Terms and Conditions are reserved by Litchfield Associates and its subsidiaries and affiliates, and/or its licensors.

  1. WHO WE ARE

The Application is owned by: Litchfield Associates Ltd., Inc. 

Email: [email protected]

  1. THE SERVICE WE OFFER

The Application is provided by Litchfield Associates though a number of authorized websites and third party sites. Once the user pays for, or otherwise obtain permission from Litchfield Associates to access the Application, the Application is immediately made available to the user so the user can download the Application to his/her electronic device. Litchfield Associates provides download support at [email protected]

  1. INTELLECTUAL PROPERTY RIGHTS

The Application, Materials or Clips, and all software, artwork, graphics, video, audio, text, interfaces, trademarks, logos, images, photographs, and any other element of the Application that is offered on any website, is collectively known as “Content”, including, but not limited to the layout, election, organization, and co-ordination of such Content and is the property of or is licensed to Litchfield Associates, and is protected by trademark, copyright, and other intellectual property rights laws.

Without the prior written consent of Litchfield Associates, and except as provided in these Terms and Conditions, no Content of the Application may be copied, reproduced, transmitted/translated, publicly displayed, uploaded, published, recorded, retransmitted, rented, sold, distributed, digitized, marketed, reproduced, altered to make new works, performed, or compiled in any way to any other computer, website, or other medium for any purpose. Nor may any digital downloads be provided unless specific permission is given by Litchfield Associates. Users are not permitted to post any portion of the Content on any website and offer people the ability to listen to portions of the Content for free. You are not permitted to post the Application on a peer to peer network, YouTube, Facebook, Myspace or any other social networking site where people can listen to portions of the Content for free. By using this Download Service and the Application, you only obtain the right to download and/or stream the Content on your personal computer (PC) or other device for your personal enjoyment and my not redistribute any portion of the Content to any third party for any reason whatsoever, for any purpose without written permission from Litchfield Associates. You understand that Piracy is illegal and you agree and confirm you will only use the Application for your own personal use and enjoyment and agree to observe the Terms and Conditions, as spelled out in this “User Terms and Conditions”.

Any security technology that is provided as part of the Download Service is an inseparable part of the Application. The Download capability does not operate to limit any rights of the copyright owners in Tracks or Material or any works embodied in them.

To the extent that any software (defined in its broadest sense) is developed or changed by the User or its agents, assigns, or representatives in violation of any of the covenants herein, the User agrees to grant, assign, transfer, and convey, and hereby grants, assigns, transfers, and conveys, to Litchfield Associates all right, title, and interest that said party has, or will have, to said modified software. Applicant agrees to assist Litchfield Associates to perfect Litchfield Associates’ ownership right, title, and interest in the inventions, copyrights, or other developments, including executing any documents and answering questions.

You will not take any action to jeopardize, limit or interfere with Litchfield Associates’ intellectual property rights in the Software, Products and/or Websites.

  1. MAKING A CONTRACT WITH YOU

When you order a download of the Application, you will be providing your name and contact information and in effect you are registering your details with us in order to receive the Download Service. We may accept or reject your registration at our sole discretion.

If we accept your registration, you may then access the website and download the Application.

In order to register for, download, or use the Application, you must first accept these Terms and Conditions. Acceptance of the Terms and Conditions is met by: (i) clicking a button indicating you accept or agree to the terms and conditions, (ii) paying for the Application, or (iii) downloading the Application and/or using the Application. At the point of Acceptance, a contract between us will be formed based upon these User Terms and Conditions.

  1. REGISTRATION

Litchfield Associates and its affiliates respect your privacy and are committed to protecting it. The information you provide us with when you order the Application will only be used to process your payments and to register you as an authorized user so you will be known to us, unless otherwise stated in our Privacy Policy. This information is transmitted to us via a SSL encrypted program and will only be used by us and will not be conveyed to any unauthorized third party, unless otherwise stated in our Privacy Policy. The use of this information is covered in our Privacy Policy.

  1. PAYMENT

Payment will be taken from a credit card, debit card, or any other payment method that you input when you purchase the Application. Until the payment is processed and accepted, no access will be given to the Application.

  1. REFUND POLICY

Due to the nature of the Download Service and the fact that you will receive the product you purchase immediately after payment, refunds are only available in exceptional circumstances at management’s sole discretion.

  1. PRIVACY

By using the Website, you consent to us using your information in accordance with our Privacy Policy.

  1. TECHNICAL ISSUES

You are responsible for making sure your PC or other electronic devices can receive and play the Application. We will provide detailed information about how to download the products on our support page.

  1. OUR PRODUCTS

The Application is of the highest quality available on the market and may also be referred to as “The Ultimate Bible App” and “YouBible.“ The Application is available for quick and efficient digital downloads.

  1. OUR CONDUCT

We understand the value our customers and constantly strive to make your experience of purchasing the Application a pleasant one since we fully understand that a satisfied customer is the best form of advertisement and will then recommend the Application to others. If for some reason you have any trouble with your download, we have customer support to help you and you are just an email away ([email protected]). We will make every reasonable effort to respond in a timely manner to any customer service email. Our focus is on our customers and we do all we can to make sure you receive a top quality product at a great price and have an equally good download experience. Our motto is to do unto our users as if we were the user.

  1. YOUR CONDUCT

We expect you to respect and treat us as you would like to be treated. You therefore, warrant that you will not attempt to post or transmit to or from the Application and/or this Website any material: that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; for which you have not obtained any necessary licenses and/or approvals; which constitutes or encourages conduct that would be considered a criminal offense, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in any other country in the world; or which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data). The above is strictly prohibited by agreement and in many cases by the law.

You may not misuse the Application and/or this Website (including, without limitation, by hacking). Note that we will fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone doing anything on our Website that is contrary to this agreement or is in violation of any law.

  1. LINKS TO THIRD PARTY SITES

The Application may contain links to third party websites. These links are provided solely for your convenience. If you use these links and you leave a website where the Application is posted, we cannot guarantee the security of third party websites and do not control and are not responsible for these websites or their content. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites, you do so entirely at your own risk.

  1. RESTRICTIONS

You may not give out your password. You will be responsible for any misuse of your password, whether by you or any third party for the purpose of letting other people download the Application and warrant that you will not let others use your account.

You are authorized to use the Content for personal use only. You are not permitted to make copies of the Application (e.g. 2 minute samples), whether by saving to disk, burning to CD ROM, transferring to a portable player or otherwise. You are not permitted to make copies of the Application, or the Content with the intention to give, sell, loan, broadcast, send or transmit to friends and family or anyone else. To carry out any of these forbidden acts would be a breach of copyright and this use agreement.

You may not upload the Application to the internet. Peer-to-peer file sharing is strictly prohibited. Any other manner of network file sharing and transfer of Content to devices for such purpose is prohibited. If Litchfield Associates discovers Clips, Tracks or Material you have offered or sold on peer-to-peer networks, we reserve the right to pass your details on to the proper authorities for legal action and you could be prosecuted for violation of copyright and other intellectual property laws.

Unless permitted by law, you may not resell the Application and/or any other Materials that you downloaded from the Website to any third party in any shape or form and may not offer the Application to any third party to listen to for free or to resell. The Application is only for your personal, non-commercial use and enjoyment.

You may not cancel the contract for any reason. Normally, under the Distance Selling Regulations, you would have the right to cancel the contract within seven days but, as we are providing you with immediate access to the Application as soon as you register and pay for the Application, you do not have this right of cancellation. This does not, of course, affect any other rights that you may have (including the right of termination detailed below).

  1. TERMINATION

You can terminate the contract any time you like. You can do this by sending an email to [email protected] requesting that your user account be terminated. If you unsubscribe, you will no longer be entitled to use the Service, however we may retain your personal information in accordance with the Privacy Policy.

  1. EXCLUSIONS

While we endeavor to ensure that the Application is normally available 24 hours per day, we will not be liable if for any reason the Application is unavailable at any time or for any period and shall have no liability for the Application not being available.

While we endeavor to ensure that the information relating to the Application is correct, we do not warrant the accuracy and completeness of the content on this Website and or any website that offers the Application as a download.

The Content on any website that carries the Application is provided without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, we provide you the Application on the basis that we exclude all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for these terms and conditions might have effect in relation to the Application and/or this Website.

  1. LIMITATION

In so far as is possible in law, we exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect or consequential loss or damages, or any loss of income or profits (whether direct or indirect), data, contracts, use of money, and whether in tort (including without limitation negligence, contract or otherwise)) in connection with this Website, the Application, or the Service, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing this Website and the Application, or your downloading of any material from this Website or any websites linked to this Website.

  1. GENERAL

We may revise any of the terms of this service (including the price) at any time. Unless stated above, no part of this contract is enforceable by anyone who is not a party to it, pursuant to the Contracts (Rights of Third Parties) Act 1999. This agreement between us is governed by and subject to the copyright laws of the United States and Europe and jurisdiction for any legal action will be at the sole discretion of Litchfield Associates.

  1. SUBSCRIPTION FOR CLOUD BACKUP FEATURE

-Length of subscription: 1 Month

-Price of Subscription: $0.99

-Payment will be charged to iTunes Account at confirmation of purchase

-Subscription automatically renews unless auto-renew is turned off at least 24-hours before the end of the current period

-Account will be charged for renewal within 24-hours prior to the end of the current period, and identify the cost of the renewal

-Subscriptions may be managed by the user and auto-renewal may be turned off by going to the user’s Account Settings after purchase

-Scourby does not offer a free trial for this subscription

-Privacy Policy: https://scourby.com/privacy-policy.php

  1. INDEMNITY AND HOLD HARMLESS

By using this Application you agree that you will defend, indemnify, assist and hold harmless Litchfield Associates and its subsidiaries, and affiliates, together with their respective employees, agents, directors, officers and shareholders, against all the liabilities, liens, actions, claims, costs, taxes, damages and expenses (including reasonable attorneys’ fees and costs) if any third party brings a claim against Litchfield Associates in connection with, or arising out of (i) your breach of the Terms and Conditions; (ii) your breach of any applicable law of regulation; or (iii) your infringement or violation of the rights of any third parties (including intellectual property rights). Litchfield Associates reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and, in such case, you shall agree to cooperate with Litchfield Associates’ defense of such claim.

YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ THE TERMS AND CONDITIONS AND UNDERSTAND THE OBLIGATIONS, RIGHTS, CONDITIONS, TERMS, RESTRICTIONS, CONDITIONS, AFFIRMATIONS, REPRESENTATIONS, AND WARRANTIES SET FORTH HEREIN. BY DOWNLOADING AND/OR INSTALLING THE APPLICATION OR REGISTERING FOR AND/OR USING THE APPLICATION, YOU EXPRESSLY CONSENT TO BE BOUND BY ITS TERMS AND CONDITIONS AND GRANT TO LITCHFIELD ASSOCIATES THE RIGHTS SET FORTH HEREIN.

Effective Date: Last updated May 2, 2019

Litchfield Associates

Scourby Bible Media

Email: [email protected]