Terms of Service
Last modified on June 20, 2018.
1. Acceptance of These Terms
These Terms of Service (these “Terms”) govern your access to and use of the website and applications operated by Dwell App, LLC, a Texas limited liability company (“Dwell,” “our,” “us,” or “we”) and located at https://dwellapp.io and our Dwell mobile applications (together, the “Dwell Services”). By accessing, browsing, using and interacting with Dwell Services, you agree that you have read, understood, and accept these Terms. Please read them carefully and let us know if you have any questions. If you do not agree with any of the terms herein, do not use the Dwell Services.
These Terms do not govern your use of any other products or services that may be offered by Dwell or any products or services that may be offered by third parties from or in connection with the Dwell Services or otherwise, which are subject to their own terms and conditions. You must accept any terms and conditions relating to such products and services as a condition to receiving such products or services.
We may revise and update these Terms from time to time at our sole discretion. Any changes are effective when we post them. Your continued use of Dwell Services following the posting of revised Terms means that you accept and agree to the changes.
We may also offer different membership and purchase plans and change them and their features from time to time. If you sign up for one of our plans, you agree to the terms, conditions and limitations associated with them that are posted on our website or applications.
3. Fees and Renewal & Membership Cancellation
A. Fees and Renewal
Fees for content that you download, membership plans, subscriptions and other services will be stated at the time of your purchase or sign-up, as applicable. The fees for our various content and membership plans may vary. All fees are subject to tax and are non-refundable. We only accept credit cards and such other payment methods (if any) as may from time to time be indicated on our membership page.
If your membership plan or subscription involves a recurring payment of a fee, unless you notify us before a charge that you want to cancel or do not want to automatically renew your membership or subscription, you understand it will automatically continue and you authorize us (without notice to you, unless required by applicable law) to collect any then-applicable fees and any taxes using any authorized payment method that we have on record associated with your account.
If none of the payment methods we have on file for your account remain active and valid for payment of your membership or subscription fees, we may cancel your membership or subscription. If you provide us with a new payment method that we accept and we are able to successfully charge applicable fees before your membership or subscription is cancelled, your new membership or subscription period will be based on the original renewal date, irrespective of the date of the successful charge.
B. Membership and Subscription Cancellation
You may cancel your membership plan and any subscriptions by visiting your account details page provided on dwellapp.io and adjusting your membership settings and subscription preferences, or by contacting our customer service team at [email protected]. If you cancel your membership or subscription, you will not receive a refund of any fees already paid. Your member benefits terminate when your membership is cancelled.
4. Use of the Dwell Services
You may only use the Dwell Services for its intended purpose and solely in accordance with these Terms. The Services may contain links to other Internet websites and third-party resources, and we may employ third party technologies in connection with the Dwell Services that require you to accept such third party’s terms. Dwell is not responsible for either the availability of these outside resources or their content, including for any products or services you may obtain by contacting any person or entity as a result of use of the Services or the features hereof. Dwell may, but is not obligated to, monitor your use of the Services.
5. Changes to Dwell Services
While we hope to always offer Dwell Services and all of its features, we reserve the right to change or cease offering Dwell Services or any part, portion or functionality of a Dwell Services without notice. We will not be liable if for any reason all or any part of a Dwell Service is unavailable at any time
You may not use Dwell Services in any of the following ways: in violation of any law, rule or regulation; to impersonate any other entity or person, to harm or exploit Dell or our users or expose them to liability; to overburden, disable, damage or impair the Dwell Services or others’ use of the Dwell Services, to monitor or copy any material on the Dwell Services using robots, spiders or similar devices; to introduce malicious code (such as viruses, worms, and Trojan horses); or to attempt to gain unauthorized access, interfere with, damage or disrupt any parts of the Dwell Services or any server, computer or database connected to the Dwell Services.
8. Intellectual Property
The content of the Dwell Services is protected by law, including without limitation United States copyright law, trademark law, and applicable international treaties. You are granted permission to display the materials on the Dwell Services solely for your own personal, non-commercial use. You may not remove any legends placed thereon. You may not “mirror” any content contained within the Dwell Services without our express prior written consent. Except as stated herein, none of the content may be reproduced, distributed, published, displayed, downloaded, or transmitted in any form by any means without our prior written consent, or the consent of the applicable copyright owner. Dwell does not grant you any licenses, express or implied, to the intellectual property of Dwell or its licensors, except as expressly stated in these Terms.
9. Content Restrictions
We have licensed the ESV® Bible (The Holy Bible, English Standard Version®) (“ESV”) from Good News Publishers (sometimes referred to as, “Crossway”). In addition to the other terms, conditions and restrictions in these Terms, you shall comply with the following restrictions from Crossway (and agree to indemnify us and hold us harmless from any losses, claims, damages or liabilities (including attorneys’ fees) arising from or related to your breach of these restrictions):
The ESV text may be quoted (in written, visual or electronic form) up to and inclusive of five hundred (500) verses without express permission of Crossway, providing that the verses quoted do not amount to a complete book of the Bible nor to the verses quoted account for 25% or more of the total text of the work in which they are quoted.
Notice of copyright must appear as follows on the title page or copyright page of printed works quoting from the ESV, or in a corresponding location when the ESV is quoted in other media:
“Scripture quotations are from the ESV® Bible (The Holy Bible, English Standard Version®), copyright © 2001 by Crossway Bibles, a publishing ministry of Good News Publishers. Used by permission. All rights reserved.”
When more than one translation is quoted in printed works or another media, the forgoing notice of copyright should begin as follows:
“Unless otherwise indicated, all Scriptures are from . . . [etc.]”, or
“Scripture quotations marked ESV are from . . . [etc.]”.
The “ESV” and “English Standard Version” are registered trademarks of Good News Publishers. Use of either trademark beyond the use described in this Permission Notice requires the permission of Good News Publishers.
When quotations from the ESV text are use in non-saleable media, such as church bulletins, orders of services, posters, transparencies or similar media, a complete copyright notice is not required, but the initials (ESV) must appear at the end of the quotation.
Publication of any commentary or other Biblical reference work produced for commercial sale that uses the English Standard Version must include written permission for the use of the ESV text.
Publication permission requests that exceed the above guidelines must be directed to: Good News Publishers, Attn: Bible Rights, 1300 Crescent Street, Wheaton, IL 60187.
Permission requests for use within the UK and EU that exceed the above guidelines must be directed to: HarperCollins Religious, 77-85 Fulham Palace Road, Hammersmith, London, W6 8JB, England.
For clarity, the above restrictions are not intended to, and you understand and agree they shall not be construed to, permit any use of the audio recordings of ESV text nor of any soundtrack or music available through the Dwell Services. Rather, the above restrictions apply solely with respect to the printed text of the ESV® Bible. To the extent any of the other limitations on use and restrictions contained in these Term regarding the content available through the Dwell Services are more limiting and restrictive than the above, the more limiting and restrictive terms shall apply.
10. Copyright Notices
Our content is recorded from the ESV® Bible (The Holy Bible, English Standard Version®) and is provided with the following notices:
This publication contains the ESV® Bible (The Holy Bible, English Standard Version®), copyright © 2001 by Crossway Bibles, a publishing ministry of Good News Publishers. ESV Text Edition: 2016. The ESV® text has been reproduced in cooperation with and by permission of Good News Publishers. Unauthorized reproduction of this publication is prohibited.
The ESV® Bible (The Holy Bible, English Standard Version ®) (ESV) is adapted from the Revised Standard Version of the Bible, copyright Division of Christian Education of the National Council of the Churches of Christ in the U.S.A. All rights reserved.
English Standard Version, ESV, and the ESV logo are registered trademarks of Good News Publishers. Used by permission.
Any material, information or ideas that you share or post to or through the Dwell Services by any means will be treated as non-confidential and non-proprietary, despite any legends to the contrary, and may be used, copied, modified, distributed and displayed by Dwell and its designees for any purpose whatsoever. We do not review user content before it is posted and may not remove it promptly after posting. We are not liable for any action or inaction concerning transmissions or content provided by any user or third party. User and third party content may be inaccurate and we disclaim all liability arising from any reliance placed on such content. Any content that you post or transmit must comply with these Terms. You must not post any other person’s or entity’s content or any copyrighted content without proper consent.
If you believe that any Dwell Services content, including any user or third-party content, infringes your intellectual property rights, including copyright, please send notice to [email protected] We may terminate accounts of repeat infringers.
The Dwell Services are controlled and operated by Dwell from within the United States. Dwell makes no representations that materials contained within the Dwell Services are appropriate or available for use in other locations, and access to the Dwell Services from locations where such activity is illegal is prohibited. Those who choose to use the Dwell Content from other locations do so on their own initiative and are solely responsible for compliance with all applicable laws.
Limitation of Liability
EACH OF THE PARAGRAPHS IN THIS SECTION APPLIES ONLY UP TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. NOTHING HEREIN IS INTENDED TO LIMIT ANY RIGHTS YOU MAY HAVE WHICH MAY NOT BE LAWFULLY LIMITED.
THE SITE, INCLUDING ANY CONTENT CONTAINED THEREON, IS PROVIDED BY DWELL ON AN “AS IS” BASIS WITHOUT REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. YOUR USE OF THE DWELL SERVICES AND CONTENT AVAILABLE THROUGH THE DWELL SERVICES IS AT YOUR OWN DISCRETION AND RISK.
DWELL DOES NOT REPRESENT OR WARRANT THAT THE DWELL SERVICES WILL BE AVAILABLE AT ALL TIMES OR THAT USE WILL BE UNINTERRUPTED OR ERROR FREE.
DWELL MAKES NO CLAIMS OR PROMISES WITH RESPECT TO ANY THIRD PARTY, INCLUDING, BUT NOT LIMITED TO, CONTENT PROVIDERS AND OTHER USERS OF THE DWELL SERVICES. ACCORDINGLY, DWELL IS NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE FROM THEIR ACTIONS OR INACTIONS.
IN NO EVENT SHALL DWELL BE LIABLE FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING DAMAGES FOR LOSS OF PROFITS OR ROYALTIES) UNDER OR IN CONNECTION WITH THE DWELL SERVICES, THESE TERMS OR THE SUBJECT MATTER THEREOF OR HEREOF, EVEN IF DWELL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER THE ACTION IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE.
DWELL’S TOTAL MAXIMUM AGGREGATE LIABILITY UNDER OR IN CONNECTION WITH THESE TERMS OR THE SUBJECT MATTER HEREOF SHALL BE LIMITED TO AN AMOUNT EQUAL TO $10.00 OR, IF YOU ARE A PAYING USER OF THE DWELL SERVICES AND SUCH AMOUNT IS GREATER, AN AMOUNT EQUAL TO THE TOTAL FEES PAID BY YOU TO US DURING THE THREE MONTHS PRIOR TO THE DATE ON WHICH YOUR CLAIM AROSE (SUCH AMOUNT BEING INTENDED AS A CUMULATIVE CAP, AND NOT PER INCIDENT).
15. Terms and Termination
These Terms are effective as of the date of your first access or use of a Dwell Service, and shall remain in effect for the duration of your access or use. Your right to use the Dwell Services shall automatically terminate upon your breach of these Terms and we may disable your access at any time if, in our opinion, you have violated these Terms.
16. Choice of Law and Venue
Texas law will govern these Terms as well as any claim, cause of action or dispute that might arise between you and Dwell, without regard to conflict of law provisions. You agree that in the event of any dispute related to these Terms, the Site, Content, Dwell or otherwise in connection with the subject matter of the relationship established by these Terms or your participation as a Member, the state and federal courts located in Dallas, Texas will have exclusive jurisdiction, and you hereby irrevocably submit to the exclusive jurisdiction of such courts. These Terms will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly disclaimed.
You consent to service of any required notice or process upon you by email, registered mail or overnight courier with proof of delivery notice, addressed to the address or contact information provided by you when you register as a Member.
If Dwell goes to court to enforce any of its rights and is successful in such action, you agree to reimburse Dwell for its attorneys’ and legal fees and other reasonable costs and expenses incurred in connection with such action.
These Terms may not be modified, supplemented, qualified, or interpreted by any trade usage or prior course of dealing not made a part of these Terms. “Dwell” and all associated logos displayed within the Dwell Services are our trademarks (unless otherwise noted). The invalidity or unenforceability of any provision of these Terms shall not affect the validity of these Terms as a whole and any such provision should be enforced by authorities, and reconstructed if need be, to apply to the maximum extent allowable under applicable law. The failure by either party to enforce at any time any of the provisions of these Terms, to exercise any election or option provided herein, or to require at any time the performance of the other of any of the provisions herein will not in any way be construed as a waiver of such provisions. Reasonable attorneys' fees and costs will be awarded to the prevailing party in the event of litigation involving the enforcement or interpretation of these Terms. The section headings used herein are for convenience only and shall not be given any legal import.
18. Contacting Us
All questions, comments, feedback and other communications regarding the Dwell Services should be directed to [email protected]