E-zekiel.tv
Monday, November 20, 2017

Terms of Use

1. Your Acceptance

A. By using and/or visiting this website (collectively, including all content, videos, information and materials available through the www.e-zekiel.tv domain name, the "E-zekiel.tv Website", or "Website"), you signify your agreement to (1) these Terms of Use, (2) the Privacy Policy, found at http://www.e-zekiel.tv/privacy and incorporated here by reference, and (3) the Community Regulations, found at http://www.e-zekiel.tv/community and also incorporated here by reference. If you do not agree to any of these terms, the privacy policy, or the Community Regulations, please do not use the E-zekiel Website.

B. Although we may attempt to notify you when major changes are made to these Terms of Use, you should periodically review the most up-to-date version http://www.e-zekiel.tv/termsofuse). Axletree Media, Inc. (referred to herein interchangeably as either "Axletree" or "E-zekiel.tv") may, in its sole discretion, modify or revise these Terms of Use and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in this Agreement shall be deemed to confer any rights or benefits to any third-party.

2. E-zekiel.tv Website

These Terms of Use apply to all users of the E-zekiel.tv Website, including users who are also contributors of video content, information, and other materials or services on the Website. These Terms of Use apply to all aspects and features of the E-zekiel.tv Website.

3. Other Websites

The E-zekiel.tv Website may contain links to third party websites that are not owned or controlled by Axletree. Axletree has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Axletree will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve E-zekiel.tv from any and all liability arising from your use of any third-party website.

Please be aware when you leave the E-zekiel.tv Website and to read the terms and conditions and privacy policy of each other website that you visit.

4. E-zekiel.tv Accounts

A. In order to access some features of the Website, you will have to create an E-zekiel.tv account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information and you may have to provide an email address (user name). You agree (i) to provide accurate, complete and up to date information; (ii) to update your information to keep it accurate, current and complete; and (iii) to comply with these Terms of Use. Failure to provide accurate information constitutes a breach of this agreement, and may result in immediate termination of your right to access and use the Website. You are solely responsible for the activity that occurs on your account, with or without your permission, and you must keep your account password secure. You must notify E-zekiel.tv immediately of any breach of security or unauthorized use of your account. E-zekiel.tv will not be liable for any losses caused by any unauthorized use of your account, but you may be liable for the losses of E-zekiel.tv or others due to such unauthorized use, with or without your permission

You may not select an email address or user name that impersonates someone else, is or may be illegal, or may violate trademark or other proprietary right, or is vulgar or offensive. While Axletree does not screen or monitor the creation of accounts or email addresses, Axletree reserves the right to reject or delete any account or email address at our sole discretion whether or not it violates these Terms of Use.

You agree not to sell or transfer your use of or access to the Website or permit anyone else whose account was suspended or terminated to use the Website through your email address or password.

In addition to registering as an individual user, an authorized representative of a Christian ministry may register a user account for the ministry ("Ministry User").

5. Prohibited and Permitted Uses of the Website Generally

In order for you to access and use the Website as set forth in these Terms of Use, you agree that:

A. You agree not to distribute in any medium any part of the Website, including but not limited to User Submissions (defined below), without E-zekiel.tv's prior written authorization.

B. You agree not to alter or modify any part of the Website, including but not limited to any coding or other technologies, whether or not embedded.

C. You agree not to access User Submissions (defined below) or E-zekiel.tv Content through any technology or means other than the authorized designated pages of the Website itself or other explicitly authorized means E-zekiel.tv may designate. You agree not to access or use any password protected or secure areas of the Website which are reserved for Authorized Users only. "Authorized Users" include only persons who have been issued a password for access to a password protected area or who have received clearance from Axletree to access a secure area of the Website. Unauthorized individuals attempting to access these areas of the Website or individuals attempting to exceed the scope of their authorization or to circumvent any security measures or to engage in any other unauthorized act may be subject to prosecution or other liability, including, without limitation, under the Computer Fraud and Abuse Act (18 USC § 1030) and the Digital Millennium Copyright Act (Pub. L. No. 105-304, 112 Stat. 2860 (Oct. 28, 1998), 17 U.S.C. § 1201, et seq.).

D. Your use of the Website is subject to all applicable local, state, national and international laws and regulations, and you agree not to violate such laws and regulations. Any attempt by any person to change without permission or deliberately damage the Website is a violation of criminal and civil laws. You may not engage in any activity on the Website that restricts, inhibits or detracts any other user from using or enjoying the Website by "hacking", "cracking", "spoofing", or defacing any portions of the Website.

In addition, you agree not to post or transmit through the Website any material or content that violates or infringes in any way the rights of others or is unlawful, threatening, abusive, harassing, defamatory, libelous, derogatory, invasive of privacy or publicity rights, vulgar, obscene, hateful, profane, scandalous, pornographic, indecent or otherwise objectionable, or which gives rise to civil or criminal liability or otherwise violates any local, state or federal law, including, without limitation, U.S. export control laws and the Children's Online Privacy Protection Act. You agree not to engage in any unlawful communications or unlawful collection, disclosure, uploading or maintenance of information regarding individuals under the age of thirteen. Axletree reserves the right to seek legal action and damages against any person who violates the law, or any of the terms or policies set forth herein, to the fullest extent permitted by law.

E. You agree not to use the Website, or any content, information, material or technologies, for any commercial use, without the prior written authorization of Axletree. By way of non-limiting example, prohibited commercial uses include any of the following actions taken without Axletree's express approval:

  • sale of access to the Website or its related services on another website;
  • use of the Website or its related services for the primary purpose of gaining advertising or subscription revenue;
  • the sale of advertising, on the E-zekiel.tv website or any third-party website, targeted to the content of specific User Submissions or E-zekiel.tv content;
  • any use of the Website or its related services that Axletree finds, in its sole discretion, to use Axletree's resources or User Submissions with the effect of competing with or displacing the market for E-zekiel.tv, E-zekiel.tv content, or its User Submissions.

The following are permitted uses:

  • uploading an original video to E-zekiel.tv to promote your ministry, business or artistic enterprise;
  • showing E-zekiel.tv videos on an ad-enabled blog or website, provided the primary purpose of using the videos is not to gain advertising revenue or compete with E-zekiel.tv;
  • with respect to Ministry Users, streaming videos for viewing by such Ministry Users' parishioners;
  • any use that Axletree expressly authorizes in writing.

F. If you show E-zekiel.tv videos on your website, you must include a prominent link back to the E-zekiel.tv website on the pages containing the videos.

G. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Website in a manner that sends more request messages to the E-zekiel.tv servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, E-zekiel.tv grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. E-zekiel.tv reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website (e.g. comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their User Submissions.

H. You will otherwise comply with the terms and conditions of these Terms of Use, E-zekiel.tv Community Regulations, and all applicable local, national, and international laws and regulations.

I. E-zekiel.tv reserves the right to discontinue any aspect of the E-zekiel.tv Website at any time.

6. Your Use of Content on the Site

In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of content on the E-zekiel.tv Website.

A. The content on the E-zekiel.tv Website, except all User Submissions (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Axletree, subject to copyright, trademark and other intellectual property rights under the law. Content on the Website is provided to you AS IS for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. E-zekiel.tv reserves all rights not expressly granted in and to the Website and the Content.

B. You may access User Submissions solely:

  • for your information and personal, non-commercial use (including the personal use of individuals and the personal use of Ministry Users within such Ministry User's ministry);
  • as intended through the normal functionality of the E-zekiel.tv Website for Streaming videos.

"Streaming" means a contemporaneous digital transmission of an audiovisual work via the Internet from the E-zekiel.tv Website to a user's device in such a manner that the data is intended for real-time viewing and not intended to be copied, stored, permanently downloaded, or redistributed by the user. Accessing User Videos for any purpose or in any manner other than Streaming is expressly prohibited. User Videos are made available "AS IS."

C. User Comments are made available to you for your information and personal use solely as intended through the normal functionality of the E-zekiel.tv Website. User Comments are made available "AS IS", and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, downloaded, or otherwise exploited in any manner not intended by the normal functionality of the E-zekiel.tv Website or otherwise as prohibited under this Agreement.

D. You may access E-zekiel.tv Content, User Submissions and other content only as permitted under this Agreement. E-zekiel.tv reserves all rights not expressly granted in and to the E-zekiel.tv Content and the E-zekiel.tv Website.

E. You agree to not engage in the use, copying, transmission, or distribution of any of the Content other than expressly permitted herein, including any use, copying, transmitting or distribution of User Submissions of third parties obtained through the Website for any commercial purposes.

F. You agree not to circumvent, disable or otherwise interfere with security-related features of the E-zekiel.tv Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the E-zekiel.tv Website or the Content therein.

G. You understand that when using the E-zekiel.tv Website, you will be exposed to User Submissions from a variety of sources, and that E-zekiel.tv is not responsible for the accuracy, truthfulness, usefulness, safety, legality, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against E-zekiel.tv with respect thereto, and agree to indemnify and hold E-zekiel.tv, its Owners/Operators (including, without limitation, Axletree), affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.

7. Submissions and Conduct

A. As an E-zekiel.tv account holder you may submit video content ("User Videos") and textual content ("User Comments"). User Videos and User Comments are collectively referred to as "User Submissions." You understand that whether or not such User Submissions are published, E-zekiel.tv does not guarantee any confidentiality with respect to any User Submissions.

B. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize E-zekiel.tv to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Use, including, without limitation, for the User Submissions to be uploaded, downloaded, copied, Streamed, reproduced, distributed, transmitted, broadcast, displayed, and otherwise used as contemplated by the E-zekiel.tv Website.

C. For clarity, you retain any and all of your ownership rights in your User Submissions. However, by submitting User Submissions to E-zekiel.tv, you hereby grant Axletree a worldwide, non-exclusive, royalty-free, irrevocable, sublicenseable and transferable license to use, reproduce, distribute, transmit, broadcast, Stream, prepare derivative works of, display, and perform the User Submissions in connection with the E-zekiel.tv Website and Axletree's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the E-zekiel.tv Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the E-zekiel.tv Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, transmit, broadcast, Stream, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Use. The above licenses granted by you are perpetual and irrevocable.

D. In connection with User Submissions, you further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including trademark rights, and privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Axletree all of the license rights granted herein.

E. You agree that your conduct on the site will comport with the E-zekiel.tv Community Regulations, found at http://www.E-zekiel.tv/community, which may be updated from time to time.

F. E-zekiel.tv does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and E-zekiel.tv expressly disclaims any and all liability in connection with User Submissions. E-zekiel.tv does not permit infringing activities (including, without limitation, copyright or trademark infringement), and E-zekiel.tv reserves the right to remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights or if E-zekiel.tv suspects that Content or a User Submission is infringing. E-zekiel.tv reserves the right to remove Content and User Submissions without prior notice. Notwithstanding the foregoing, E-zekiel.tv reserves the right, but takes on no affirmative obligation, to monitor and remove the Content or User Submissions. You acknowledge and agree that Axletree does not have any liability for any action or inaction with respect to any conduct, communication or posting on the Website.

G. You are solely responsible for ensuring that your access and use of the Website complies with all applicable international, national, federal, state and local laws and regulations, including, without limitation, U.S. export control laws and restrictions and the laws of other countries, including, for example, the country where you reside, as well as any end-use, end-user, and destination restrictions regarding export or import restrictions of the jurisdiction in which the information is used or to or from which the information or material is exported.

8. Account Termination Policy

A. E-zekiel.tv reserves the right to terminate a User's access to its Website at any time, in the sole discretion of E-zekiel.tv, without prior notice. It is E-zekiel.tv's policy to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law (including, in the United States, the Digital Millennium Copyright Act) and to terminate the accounts of repeat infringers.

B. E-zekiel.tv reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Use for violations (other than copyright infringement and violations of intellectual property law), such as, but not limited to, pornography, obscene or defamatory material, or excessive length. E-zekiel.tv may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Use at any time, without prior notice and at its sole discretion.

9. Digital Millennium Copyright Act

A. If you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
  • Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

E-zekiel.tv's designated Copyright Agent to receive notifications of claimed infringement is: Attn E-zekiel.tv DMCA Infringement Notification; Axletree Media, Inc.; P.O. box 11328, Montgomery, Alabama 36111; Fax: 334-613-9706; Email: videoadmin@axletreemedia.com. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to E-zekiel.tv customer service through support@e-zekiel.com. You acknowledge that if you fail to comply with all of the requirements of this Section 5(D), your DMCA notice may not be valid.

B. Counter-Notice. If you believe that your User Submission that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content in your User Submission, you may send a counter-notice containing the following information to the Copyright Agent:

  • Your physical or electronic signature;
  • Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
  • A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
  • Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Montgomery, Alabama, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Copyright Agent, E-zekiel.tv may (but has no obligation to) send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may in E-zekiel.tv's sole discretion be replaced, or access to it restored.

10. Warranty Disclaimer

YOU AGREE THAT YOUR USE OF THE E-ZEKIEL.TV WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, E-ZEKIEL.TV, AXLETREE, ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES AND AGENTS DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, IN CONNECTION WITH THE WEBSITE, THE CONTENT, THE USER SUBMISSIONS, AND YOUR USE THEREOF, AND ANY OTHER WARRANTY OR COMMITMENT ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. E-ZEKIEL.TV MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF AXLETREE'S SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE E-ZEKIEL.TV WEBSITE. AXLETREE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE E-ZEKIEL.TV WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND AXLETREE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

11. Limitation of Liability

IN NO EVENT SHALL E-ZEKIEL.TV, AXLETREE, ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM OR RELATING TO (I) ANY ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE E-ZEKIEL.TV WEBSITE, OR (VII) THE E-ZEKIEL.TV WEBSITE OR ANY USE THEREOF, WHETHER BASED ON WARRANTY, CONTRACT, TORT, INDEMNITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT AXLETREE IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

YOU SPECIFICALLY ACKNOWLEDGE THAT AXLETREE SHALL NOT BE LIABLE OR RESPONSIBLE FOR USER SUBMISSIONS OR THE DEFAMATORY, INFRINGING, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

Axletree's liability to You, if any, for actual damages for any cause whatsoever, regardless of the form of action, will be limited to five hundred dollars ($500).

The Website is controlled and offered by Axletree from its facilities in the United States of America. Axletree makes no representations that the E-zekiel.tv Website is appropriate or available for use in other locations. Those who access or use the E-zekiel.tv Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.

12. Indemnity

You agree to defend, indemnify and hold harmless E-zekiel.tv, Axletree Media, Inc., its affiliates, officers, directors, shareholders, employees, representatives and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the E-zekiel.tv Website; (ii) your violation of any term of these Terms of Use; (iii) your violation of any third party right, including without limitation any copyright, trademark, property, or privacy right; or (iv) any allegation or claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Use and your use of the E-zekiel.tv Website.

13. Ability to Accept Terms of Use

You affirm that you are either more than 18 years of age (or the age of majority in your state of residence if age of majority is older than age 18), or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use. In any case, you affirm that you are age 14 or older, as the E-zekiel.tv Website is not intended for children under 14. If you are under 14 years of age, then please do not use the E-zekiel.tv Website. There are lots of other great web sites for you. Talk to your parents about what sites are appropriate for you.

14. Assignment

These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be freely assigned and transferred by Axletree without restriction.

15. General

You agree that: (i) the E-zekiel.tv Website shall be deemed solely based in Alabama and (ii) the E-zekiel.tv Website shall be deemed a passive website that does not give rise to personal jurisdiction over Axletree, either specific or general, in jurisdictions other than Alabama. These Terms of Use shall be governed by the internal substantive laws of the State of Alabama, without consideration of its conflict of laws principles. Any claim or dispute between you and Axletree that arises in whole or in part from the E-zekiel.tv Website shall be decided exclusively by a court of competent jurisdiction located in Montgomery County, Alabama. These Terms of Use, together with the Privacy Notice at http://www.E-zekiel.tv/privacy and any other legal notices published by Axletree on the Website, shall constitute the entire agreement between you and Axletree concerning the E-zekiel.tv Website. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. In the event of a conflict between these Terms of Use and any terms of use or conditions for any other website operated by Axletree Media, Inc., these Terms of Use shall govern with respect to www.e-zekiel.tv and such other terms of use and conditions shall govern with respect to the websites to which such terms of use and conditions directly relate. No waiver of any term of this these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and E-zekiel.tv's failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. Axletree reserves the right to amend these Terms of Use at any time and without notice, and it is your responsibility to review these Terms of Use for any changes. Your use of the E-zekiel.tv Website following any amendment of these Terms of Use will signify your assent to and acceptance of its revised terms. YOU AND AXLETREE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE E-ZEKIEL.TV WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.