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Terms of Use

  1. WELCOME

    Welcome to ministrants.com (the "Website"). This Website is operated by NHM Ministrants, a division of Elfenworks Productions LLC (hereinafter referred to as the "Company", "we" or "us").

  2. Using the Website

    The following terms and conditions, together with any documents expressly incorporated by reference (collectively, these "Terms of Use"), govern your access to and use of the Website, including any content, functionality and services offered on or through the Website, whether as a guest or a registered user.

    Please read these Terms of Use carefully before you start to use the Website.

    1. Permission to Use the Website

      This Website is offered and available to persons eighteen (18) years of age or older who reside in the United States or any of its territories or possessions.
      We grant you permission to use the Website in accordance with these Terms of Use.  By using this Website, you represent and warrant that you meet the foregoing eligibility requirement.

      By using the Website or by clicking to accept or agree to these Terms of Use when this option is made   available to you, you accept and agree to be bound and abide by these Terms of Use.

      If you do not want to agree to these Terms of Use, do not access or use the Website.

    2. Changes to these Terms of Use and Continued Use

      We may revise and update these Terms of Use from time to time in our sole discretion.  We may notify you of material changes by email or by posting a notice on this Website. All changes are effective immediately when we post them and apply to all access to and use of the Website thereafter. However, any changes to the dispute resolution provisions set forth in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice prior to the date the change is posted on the Website.

      Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes.

    3. Registration and User Account Security

      To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current and complete. You agree that all information you provide to register with this Website or otherwise, including but not limited to through the use of any Interactive Service features on the Website, is governed by our Privacy Policy located at ministrants.com/privacy and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

      If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity without the Company’s prior written consent, which we may withhold for any reason.
      You also acknowledge that your account is personal to you or your non-profit employer and you agree not to provide any other person with access to this Website or portions of it using your user name, password, other security information or cryptographic keys, if any.

      You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

      We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

    4. Website Availability.

      We reserve the right to amend, suspend or withdraw this Website, and your use of any service or material we provide on the Website, in our sole discretion without notice or liability. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.  We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period.

    5. Online Purchases and Other Terms and Conditions

      All purchases made available through the Website or other transactions for the sale of goods or services or information derived from the Website are governed by our terms of sale associated with the purchase, which are hereby incorporated into these Terms of Use.  Unless otherwise stated, all sales are final and all payments are non-refundable.

      Additional terms and conditions may also apply to specific portions, services or features offered via the Website. All such additional terms and conditions are hereby incorporated by this reference into these Terms of Use.

    6. Prohibited Uses of the Website

      You may use the Website for the lawful purpose for which it is presented and in accordance with these Terms of Use. You agree not to use the Website:

      • In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
      • For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
      • To send, knowingly receive, upload, download, use or re-use any material except at permitted by these Terms of Use or applicable law.
      • To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any "junk mail", "chain letter" or "spam" or any other similar solicitation.
      • To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
      • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website or expose them to liability.

        Additionally, you agree not to:

      • Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
      • Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
      • Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
      • Use any device, software or routine that interferes with the proper working of the Website.
      • Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
      • Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.
      • Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
      • Otherwise attempt to interfere with the proper working of the Website
    7. User Submissions

      The Website may contain public or private interactive features, forums or areas (collectively, "Interactive Services") that allow users to publicly post, submit, publish, display or transmit to other users or other persons (hereinafter, "post" or “posting“) content, ratings, information, materials, suggestions and proposals (each a “User Submission” and collectively, "User Submissions") on or through the Website.

      The use of Interactive Services and posting of User Submissions must comply with all applicable federal, state, local and international laws and regulations.

    8. Content Standards.  Without limiting the foregoing, User Submissions must not:

      • Contain any material which is false, misleading, defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise disrespectful.
      • Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
      • Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
      • Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy.
      • Be likely to deceive any person.
      • Promote any illegal activity, or advocate, promote or assist any unlawful act.
      • Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
      • Impersonate any person, hide or misrepresent your identity or affiliation with any identified person or organization.
      • Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
      • Give the impression that you offer goods or services that emanate from or are endorsed by us or any other person or entity, if this is not the case.
    9. User Content License

      The Company does not claim ownership rights in individual User Submissions.  By providing a User Submission on the Website, you grant us and our affiliates, service providers, licensees, agents and successors and assigns, the non-exclusive, perpetual, worldwide right to use, reproduce, modify, prepare derivative works, perform, display, distribute and otherwise disclose to third parties any such material, in whole or in part, for the benefit of Company and its successors and assigns, all without payment or additional consideration of any kind to you, your heirs, assignees or successors in interest.

      Any User Submission you post to the site that is publicly accessible or non-encrypted will be considered non-confidential and subject to the terms of the User Content License set forth hereinabove.

      You represent and warrant that:

      • You own or control all rights in and to the User Submissions and have the right to grant the license granted above.
      • All of your User Submissions do and will comply at all times with these Terms of Use.
    10. Responsibility for User Submissions

      You understand and acknowledge that you are responsible for any User Submissions you submit or contribute, and you, not the Company or its affiliates or representatives, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness.

      We are not responsible, or liable to any third party, for the content or accuracy of any User Submissions posted by you or any other user of the Website.

    11. Monitoring and Law Enforcement

      We do not undertake to review information and material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

      We reserve the right to:

      • Remove or refuse to post any User Submissions for any or no reason in our sole discretion.
      • Take any action with respect to any User Submission that we deem necessary or appropriate in our sole discretion, including if we believe that such User Submission violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public or could create liability for the Company.
      • Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
      • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
      • Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms of Use.

      Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any information or materials on or through the Website. YOU AGREE TO WAIVE AND HOLD HARMLESS THE COMPANY [AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE COMPANY/SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

    12. User Reliance on Posted Information

      The information presented on or through the Website is made available solely for general information and educational purposes. We do not warrant the accuracy, completeness or usefulness of this information.  Any use and reliance you place on such information is purely voluntary by you and strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

      This Website may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

  3. Changes to the Website

    We may update the content and features on this Website from time to time, but we made no representation or warrant that the content is necessarily complete or up-to-date.  Any of the content on the Website may be out of date at any given time, and we are under no obligation to update such material.

  4. Linking to the Website and Social Media Features

    You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.

    This Website may provide certain social media features that enable you to:

    • Link from your own or certain third-party websites to certain content on this Website.
    • Send e-mails or other communications with certain content, or links to certain content, on this Website.
    • Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.
    • You may use these features solely as they are provided by us and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
    • Establish a link from any website that is not owned by you.
    • Cause the Website or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.
    • Link to any part of the Website other than the homepage.
    • Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Use.

    The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Use.

    You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.

    We may disable all or any social media features and any links at any time without notice in our discretion.

  5. Links from the Website

    If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

  6. Disclaimer of REPRESENTATIONS AND Warranties

    You understand that we cannot and do not represent, guarantee or warrant that files, information and materials available for access, display, downloading from the Internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT OR CAUSE DAMAGE TO YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT

    YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

    THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
    THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

  7. Limitation on Liability

    IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, INABILITY TO USE, OR RELIANCE ON THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE AND EVEN IF ANY OF THE ABOVE PARTIES WERE AWARE OF THE POSSIBILITY OF SUCH DAMAGES.
    THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW

    TO THE EXTENT LIABILITY MAY BE FOUND, THE MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES THAT YOU SUFFER IN CONNECTION WITH THE SITE OR THESE TERMS IS LIMITED TO THE GREATER OF (i) THE AMOUNT PAID, IF ANY, BY YOU TO THE COMPANY IN CONNECTION WITH THE SITE IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (ii) $100.

  8. Indemnification

    You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, your User Submissions, any use of the Website’s content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website.

  9. Intellectual Property Rights

    The Website and its entire contents, features and functionality (including but not limited to all information, software, tools, code, text, displays, images, video and audio, the design, selection and arrangement thereof, and compilation of User Submissions), including all intellectual property rights pertaining thereto, are owned by the Company, its licensors or other providers of such material and protected by United States and International copyright, trademark, trade secret and other intellectual property or proprietary rights laws.

    No right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company or its licensors. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other applicable laws.

    Except to the extent permitted by applicable law or as otherwise allowed by NHM Ministrants you must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the content on our Website, except as follows:

      • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
      • You may store files that are automatically cached by your Web browser for display enhancement purposes.
      • You may print or download one copy of a reasonable number of pages of the Website for your own personal use and not for further reproduction, publication or distribution.
      • If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal use, provided you agree to be bound by our end user license agreement for such applications.
      • If we provide social media features with certain content, you may take such actions as are enabled by such features.
      • You must not:
      • Modify copies of any materials or information from this Website except as set forth herein.
      • Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.
      • Access or use any part of the Website or any services or materials available through the Website for a purpose not intended by this Website.
    1. Trademarks

      The Company names "NHM Ministrants," "Elfenworks Productions LLC," and related logos, product and service names, domain names, designs, marks and slogans are trademarks of the Company or its affiliates or licensors. You may not use such names and marks without the prior written permission of the Company or their respective owners. Third party names, logos, product and service names, designs and slogans appearing on this Website are the trademarks of their respective owners.

    2. Copyright Policy – Reporting Claims of Copyright Infringement

      We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from this site (the "Website") or any other online account under our control infringes your copyright, you may request removal of those materials (or access thereto) from the Website or other online account by submitting written notification to our Copyright Agent (designated below). In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA"), the written notice (the "DMCA Notice") must include substantially the following:

      • Your physical or electronic signature.
      • Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Website, a representative list of such works.
      • Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
      • Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, e-mail address).
      • A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or the law.
      • A statement that the information in the written notice is accurate.
      • A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

    Our designated Copyright Agent to receive DMCA Notices is:

    FIRST AND LAST NAME OF AGENT:  Barry J. Parker, Esq.

    PHYSICAL ADDRESS OF AGENT:   80 N. Cabrillo Highway, Suite Q-505, Half Moon Bay, CA 94019

    TELEPHONE NUMBER OF AGENT:             650.560.8443

    E-MAIL ADDRESS OF AGENT FOR THIS PURPOSE: copyrights@ministrants.com

    If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.

    Please be aware that if you knowingly materially misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

    Counter-Notification Procedures

    If you believe that material you posted on the site was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification with us (a "Counter-Notice") by submitting written notification to our copyright agent (identified below). Pursuant to the DMCA, the Counter-Notice must include substantially the following:

    • Your physical or electronic signature.
    • An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled.
    • Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, e-mail address).
    • A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
    • A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which the Website may be found) and that you will accept service from the person (or an agent of that person) who provided the Website with the complaint at issue.

    Completed Counter-Notices should be sent to:

    FIRST AND LAST NAME OF AGENT:  Barry J. Parker, Esq.

    PHYSICAL ADDRESS OF AGENT:  80 N. Cabrillo Highway, Suite Q-505, Half Moon Bay, CA 94019

    TELEPHONE NUMBER OF AGENT:  650.560.8443

    E-MAIL ADDRESS OF AGENT: copyrights@ministrants.com

    The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten business days of receiving the copy of your Counter-Notice.

    Please be aware that if you knowingly materially misrepresent that material or activity on the Website was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

    Repeat Infringers

    It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.

  10. TERMINATION
    1. Except as may otherwise be provided in a separate subscription agreement, if any, you may terminate your use, access and account, if any, at any time by providing notice to the Company. Please review our Privacy Policy for information about what we do with your account when terminated
    2. We may terminate your access to this Website and your use of any service or material we provide on the Website, in our sole discretion, without notice or liability to you at any time.
    3. If you breach these Terms of Use, your permission to use the Website and its content will cease immediately and you must, at our option, return or destroy any copies of the Website content, information and materials that you may have in your possession and/or control.
  11. Geographic Restrictions

    The owner of the Website is based in the state of California, in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so at your own initiative and are responsible for compliance with all applicable local laws and you hereby consent to the storage of information provided by you on servers located in the U.S.

  12. Governing Law and Jurisdiction

    All matters relating to the Website and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction). The parties acknowledge that these Terms of Use evidence a transaction involving interstate commerce. Notwithstanding the provision in these Terms of Use with respect to applicable substantive law, any arbitration conducted pursuant to the terms of this Agreement shall be governed by the Federal Arbitration Act (9 U.S.C., Secs. 1-16).

  13. ALTERNATIVE Dispute Resolution

    Notwithstanding the process and procedures for resolving copyright infringement claims set forth in Section 9.b. above, you agree that any dispute, claim or controversy (collectively, a “Dispute”) between you and us or between you and any other user that arises from or is related to these Terms of Use, the Website or any User Submissions shall first be resolved through good faith negotiations between the implicated parties at a mutually agreeable place and time in San Mateo County, California within thirty (30) days after receiving notice of the Dispute.  Any Dispute not so resolved shall be resolved by binding arbitration in San Mateo County, California before a single arbitrator from JAMS (www.jamsadr.com ) pursuant to its Comprehensive Arbitration Rules and Expedited Procedures in those Rules, which are hereby incorporated by reference.  In any such arbitration, the arbitrator(s) shall award to the prevailing party, if any, the costs and attorneys’ fees reasonably incurred by the prevailing party in connection with the arbitration. In any such arbitration, the arbitrator(s) may not award any incidental, indirect or consequential damages, including damages for lost profits. Judgment on any award may be entered in any court having jurisdiction.  This clause shall not preclude the parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction in the state or federal courts of located in Santa Clara County, California. You hereby consent to personal jurisdiction and waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

    ALL CLAIMS MUST BE BROUGHT BY YOU IN YOUR INDIVIDUAL CAPACITY AND NOT IN CONNECTION WITH ANY CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION OR COLLECTIVE ARBITRATION.

    BY AGREEING TO THESE TERMS OF USE, YOU AGREE TO WAIVE THE RIGHT TO A TRIAL BY JURY.

    1. Limitation on Time to Raise a Claim

      ANY CLAIM (REGARDLESS OF CAUSE OF ACTION) THAT YOU MAY ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE RAISED WITHIN TWELVE (12) MONTHS AFTER THE CLAIM ACCRUES, OTHERWISE, SUCH CLAIM IS PERMANENTLY BARRED.

  14. Notices

    All notices required to be given for the resolution of a Dispute shall be effective upon delivery if given via email with confirmation of receipt, registered regular mail with confirmation of receipt, or express mail with confirmation of delivery.  Any notice of the change of these Terms of Use may be given via email or by posting on this Website.

  15. Waiver and Severability

    No waiver of by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
    If any provision of these Terms of Use is held by an arbitrator or court of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

  16. Entire Agreement

    The Terms of Use and the documents incorporated by reference constitute the sole and entire agreement between you and Company with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.  The headings in this document are provided for convenience only and shall not be used to interpret or construe these Terms of Use.

  17. Assignment

    These Terms of Use, and any rights or obligations hereunder may not be assigned, transferred or sublicensed by you without the prior written consent of Company, but may be assigned or transferred by us without restriction, prior notice or liability to you.  Any attempted assignment by you shall violate these Terms of Use and is void.

  18. Your Comments and Concerns

    This website is operated by NHM Ministrants, a division of Elfenworks Productions LLC, P.O. Box 300, San Mateo, CA 94401.

    All notices of copyright infringement claims should be sent to the copyright agent designated in our Copyright Policy in the manner set forth herein above.

    All other feedback, comments, requests for technical support and other communications relating to the Website or our business should be directed to NHM Ministrants using our website contact page.

    Thank you for visiting ministrants.com/.

    [End of Terms of Use – August 2, 2016]