Terms of Use


Acceptance of Terms of Use
These Terms of Use govern your use of the Truthstream service and website. By using, visiting, or browsing the Truthstream service or website, you accept and agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, you should not use the Truthstream service or website.
These Terms of Use are an ongoing contract between you and Weigh Down Ministries and apply to your use of the Truthstream service and website. These Terms of Use affect your rights and you should read them carefully.

Changes to Terms of Use
Weigh Down Ministries reserves the right, from time to time, with or without notice to you, to change these Terms of Use in our sole and absolute discretion. The most current version of these Terms of Use can be reviewed by clicking on the "Terms of Use" located at the bottom of the pages of the Truthstream website. The most current version of the Terms of Use will supersede all previous versions.

Privacy
Any personally identifying information submitted on the Truthstream website is subject to our Privacy Policy, the terms of which are incorporated herein. Please review our Privacy Policy to understand our practices. The date of any changes to our Privacy Policy will be noted at the bottom of our Privacy Policy.

How Our Service Works
Truthstream is an online subscription service providing its members with access to a comprehensive library of video, audio and other audio-visual elements that are streamed over the Internet. You may instantly watch certain videos or listen to audios on your personal computer.
We reserve the right in our sole and absolute discretion to make changes from time to time and without notice in how we operate our service. Any description of how our service works should not be considered a representation or obligation with respect to how the service will always work. We are constantly making adjustments to our service and often these adjustments are not completely captured within these Terms of Use.

Membership and Billing
You can find the specific details regarding your membership with Truthstream at anytime by clicking on the "Account" link, located at the top of the pages of the Truthstream Website.


Introductory Periods

We encourage the use of our service through introductory periods. These introductory periods last for two weeks or as otherwise specifically stated for eligible members. To view the specific details regarding your introductory period, if any, click HERE.

Introductory periods cannot be combined with any other offer. If you or another member of your household has been a Truthstream member within the last 12 months, you are not eligible to receive an introductory period. You must have Internet access and a valid credit card or debit card ("Payment Method") to redeem an introductory period offer. Upon registering for your introductory period, your Payment Method will be authorized for up to approximately one month of service. Your available balance or credit limit will be reduced to reflect the authorization; however, if you cancel prior to the end of your two-week introductory membership period, the authorized reduction will be credited back to your available balance or credit limit.

We will begin billing your Payment Method for monthly membership fees from the day you place the order for the introductory period. To view the specific details of your membership plan, including price and end date of your introductory period, click the "Account" link above and click on “See All” in your recent order section. You will not receive a notice from us that your introductory period has ended or that your paying membership has begun. YOU MUST CANCEL PRIOR TO THE END OF YOUR INTRODUCTORY PERIOD TO AVOID ADDITIONAL CHARGES TO YOUR PAYMENT METHOD. CALL 1-800-844-5208 MON-FRI 9AM-5PM CENTRAL TIME OR E-MAIL INFO@WEIGHDOWN.COM TO CANCEL YOUR MEMBERSHIP. We will continue to bill your Payment Method on a monthly basis for your membership plan until you cancel. You may cancel your membership at anytime. To view the details of your membership plan, click the "Account" link on the top of any Truthstream page, and choose your associated order. We reserve the right to modify, terminate or otherwise amend our offered membership plans. Unless otherwise stated differently, month or monthly refers to your billing cycle (See "Billing" below).


Billing

By starting your Truthstream membership, you are expressly agreeing that we are authorized to charge you a monthly membership fee, any applicable tax and any other charges you may incur in connection with your use of the Truthstream service to the Payment Method you provided during. Additional charges may include gift subscription purchases you make.. As used in these Terms of Use, "billing" shall indicate either a charge or debit, as applicable, against your Payment Method, including a checking account, where applicable. The membership fee will be billed at the beginning of your membership and on each monthly renewal thereafter unless and until you cancel your membership. Click on the "See All" link on the "Account" page to find your Truthstream membership order and see the commencement date for your next renewal period. We automatically bill your Payment Method each month on the calendar day corresponding to the commencement of your membership. In the event your membership began on a day not contained in a given month, we bill your Payment Method on the last day of such month. For example, if you became a paying member on January 31st, your Payment Method would next be billed on February 28th. You acknowledge that the amount billed each month may vary from month to month for reasons that include differing amounts due to promotional offers and changes in the amount of applicable sales tax, and you authorize us to charge your Payment Method for such varying amounts. Your Payment Method will be authorized for up to approximately one month of service during the introductory period. We may also periodically authorize your card in anticipation of membership or related charges. All fees and charges, with the exception of the introductory 2-week period, are nonrefundable and there are no refunds or credits for partially used periods. At any time, and for any reason, we may provide a refund, discount, bonus product or other consideration to some or all of our members ("credits"). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance. We may change the fees and charges in effect, or add new fees and charges from time to time, but we will give you advance notice of these changes by email. If you want to use a different Payment Method or if there is a change in your credit card validity or expiration date, you may edit your Payment Method information by clicking on the " Account" button, available at the top of the pages of the Truthstream Web site. If your Payment Method reaches its expiration date and you do not edit your Payment Method information or cancel your account (see, "Cancellation" below), you authorize us to continue billing that Payment Method and you remain responsible for any uncollected amounts.


Ongoing Membership

Your Truthstream membership will continue in effect unless and until you cancel your membership or we terminate it. You must cancel your membership before it renews each month in order to avoid billing of the next month's membership fees to your Payment Method. We will bill the monthly membership fee plus any applicable tax to the Payment Method you provide to us during registration (or to a different Payment Method if you change your account information).


Cancellation

You may cancel your membership to Truthstream at anytime, and cancellation will be effective immediately. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-MONTH MEMBERSHIP PERIODS. To cancel, call us at 1-800-844-5208 or e-mail us at info@weighdown.com.
We reserve the right to terminate your account for any or no reason.

Features & Functionality


Watch or Listen Instantly

Truthstream allows you to instantly watch available videos and listen to available audios on your personal computer. Instant streaming videos and audios may not contain all the same features you will find on a DVD or CD-version of the same media, such as bonus features and printed materials.  However not all videos and audios available via Truthstream are available by mail on DVD or CD. The quality of the display of the instant watching videos may vary from computer to computer, and device to device, and may be affected by a variety of factors, such as the bandwidth available through and/or speed of your internet connection. Weigh Down Ministries makes no representations about the quality of your instant watching display.

Start Time: The time it takes to begin watching a video or listen to an audio instantly will vary based on a number of factors, including your available bandwidth at the time, the movie you have selected and your computer or device system configuration. For example, high-speed action scenes or special effects at the opening of a video may slightly delay its start time. In addition, you must be connected to the Internet throughout the viewing experience.

System Requirements and Device Limitations: To enjoy watching instantly via your personal computer, your equipment must satisfy certain system requirements. Click here to view the various system requirements.

We do not warrant that any of the software used and or licensed in connection with our streaming functionality will be compatible with other third party software nor do we warrant that operation of our streaming functionality and the associated software will not damage or disrupt other software or hardware.

Member Reviews
We permit you to post reviews of videos and audios. We regularly review the content posted on the Truthstream Website and reserve the right to reject, remove or edit such content at anytime without notice. Reviews should not be posted that contain: harsh, profane or discriminatory language; illegal, obscene, threatening, defamatory or otherwise objectionable content; URLs, phone numbers, mailing or e-mail addresses, personal attacks on the video’s or audio’s creative personnel; misleading information regarding the origin of the content; or a discussion of Truthstream policies or services. You understand and agree that we may, but are not obligated to, review the content and may delete or remove it (without notice) in our sole and absolute discretion, for any reason or no reason..
By submitting a review, you understand and are permitting that all information provided in your review will be posted on our Web site. Also, when you have submitted a review, you are choosing to disclose your identity in connection with your reviews and ratings on our website and we will display your first name given at sign up with your review.  

Account Access; Identity Protection
In order to provide you with ease of access to your account, Weigh Down Ministries will place a cookie (a small text file) on any computer from which you access the Truthstream website. When you revisit the Truthstream website, this cookie can enable us to recognize you as the account holder and provide you with direct access to your account without requiring you to retype any password or other user identification. You are responsible for updating and maintaining the truth and accuracy of the information you provide to us relating to your account.
You are also responsible for maintaining the confidentiality of your account and password and for restricting access to your computer or mobile device. If you disclose your password to anyone or share your account with other people, you take full responsibility for their actions. Users of public or shared computers or unprotected mobile devices should log out at the completion of each visit to the Truthstream website.

If you find that you're a victim of identity theft and it involves a Truthstream account, you should notify customer service by calling 1-800-844-5208 or email info@weighdown.com. Then, you should report this instance to all your card issuers, as well as your local law enforcement agency. Weigh Down Ministries reserves the right to place any account on hold anytime with or without notification to the member in order to protect itself and its partners from what it believes to be fraudulent activity. Weigh Down Ministries is not obligated to credit or discount a membership for holds placed on the account by either a representative of Weigh Down Ministries or by the automated processes of Weigh Down Ministries.

Disclaimers of Warranties and Limitations on Liability
THE TRUTHSTREAM SERVICE, INCLUDING ALL STREAMING SERVICES, THE WEBSITE AND ITS CONTENTS, ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND AND WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE TRUTHSTREAM SERVICE, THE WEBSITE AND ITS CONTENTS. WEIGH DOWN MINISTRIES DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE TRUTHSTREAM SERVICE, INCLUDING SHIPMENT OF MATERIALS AND USE OF OUR STREAMING FUNCTIONALITY, WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT WEIGH DOWN MINISTRIES MAY ELIMINATE OR OTHERWISE MODIFY ANY OR ALL ASPECTS OF THE TRUTHSTREAM SERVICE AT ANY TIME, WITHOUT COMPENSATION OR NOTICE TO YOU. In addition, we do not represent or warrant that the information accessible via our site is accurate, complete or current. We do not make any representations with respect to the content contained on videos and audios from the Truthstream service or the descriptions of any media content contained on our website. We do not represent or guarantee that your use of the Truthstream service and website will be free from interruption, loss, corruption, attack, viruses, interference, hacking, or other security intrusion and we disclaim any liability with respect thereto. No oral or written information or advice given by us or our authorized representative shall create a warranty or otherwise constitute a representation binding upon Weigh Down Ministries or its affiliated parties.

In no event shall Weigh Down Ministries, it’s directors, officers, or employees be liable (jointly or severally) to you for personal injury or any special, incidental, indirect or consequential damages of any kind, or any damages whatsoever resulting from loss of use, data or profits, business interruption or any other commercial damages or loss, whether or not advised of the possibility of damage, and on any theory of liability, arising out of or in connection with the use or performance of the Truthstream website, its contents or the Truthstream service, features or functionalities associated therewith. In no event shall our total liability to you for all damages for losses arising from the use or inability to use our website, its contents or the Truthstream service, including any features or functionalities associated therewith exceed the amount of one month's membership fee on your membership plan. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose. If any applicable authority holds any portion of this section to be unenforceable, then liability will be limited to the fullest possible extent permitted by applicable law.

Intellectual Property

Copyright

The Truthstream streaming service and all content included on the Truthstream Web site and delivered to members as part of the service, including text, graphics, logos, designs, photographs, button icons, images, audio/video clips, digital downloads, data compilations, and software, are the property of Weigh Down Ministries and are protected by United States and international copyright laws or other intellectual property laws and treaties. The compilation of all content on this site is the exclusive property of Weigh Down Ministries, and protected by U.S. and international copyright laws. Content shall not be reproduced or used without express written permission from Weigh Down Ministries. You agree to adhere to the restrictions set forth under Terms of Use. You agree not to decompile, reverse engineer or disassemble any software (including but not limited to the Truthstream Media Viewer) or other products or processes accessible through the Truthstream website, not to insert any code or product or manipulate the content of the Truthstream website in any way that affects the user's experience, and not to use any data mining, data gathering or extraction method. Weigh Down MInistries reserves the right to terminate your membership hereunder if Weigh Down Ministries, in its sole and absolute discretion, believes that you are in violation of this paragraph, such violations including the Truthstream instant streaming restrictions, copying of videos and audios streamed to you by us, the unauthorized use of our streaming service, or the copying or other unauthorized use of our proprietary content. Weigh Down Ministries does not promote, foster or condone the copying of videos, audios or any other infringing activity. The use of the Truthstream service is solely for your personal and non-commercial use. Please see the instructions at the end of these Terms of Use for notifying us of the presence of any allegedly infringing content on the Truthstream website.

Use of Information Submitted
Weigh Down Ministries is free to use any comments, information, ideas, concepts, reviews, techniques or any other material contained in any communication you may send to Weigh Down Ministries ("Feedback"), including responses to questionnaires or through postings to the Truthstream website, without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the Truthstream website or other websites. Furthermore, by posting any Feedback on our site, submitting Feedback to us, or in responding to questionnaires, you grant us a perpetual, non-exclusive, royalty-free irrevocable license and right to display, use, reproduce or modify the Feedback submitted in any media, software or technology of any kind now existing or developed in the future.

Please note Weigh Down Ministries does not accept unsolicited materials or ideas for use or publication, and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to Weigh Down MInistries. Should you send any unsolicited materials or ideas, you do so with the understanding that no additional consideration of any sort will be provided to you, and you are waiving any claim against Weigh Down Ministries and its affiliates regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the idea you sent.

Service Testing
From time to time, we test various aspects of our service, including service levels, plans, promotions, features, media availability, delivery, and pricing, and we reserve the right to include you in or exclude you from these tests without notice.

Electronic Communications
By using the Truthstream service, you consent to receiving electronic communications from Weigh Down Ministries. These communications will include notices about your account (e.g., shipping and receiving e-mails and other transactional information) and information concerning or related to our service, such as featured videos and audios or other information or offerings. These communications are part of your relationship with Weigh Down Ministries and you receive them as part of the Truthstream membership. You agree that any notice, agreements, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

Customer Service
If you need assistance with your account, you may find answers and reach Customer Service at any time here, You can also find the answers to many frequently asked questions and information by clicking here. .

Your Conduct on the Truthstream Website
By accessing the Truthstream website, you agree to use the Truthstream service, including all features and functionalities associated therewith, the Web site and its content in accordance with all applicable laws, rules and regulations. In addition, you agree not to upload, post, e-mail or otherwise send or transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Truthstream website. You also agree not to interfere with the servers or networks connected to the Truthstream website or to violate any of the procedures, policies or regulations of networks connected to the Truthstream website. You also agree not to impersonate any other person while using the Truthstream website, conduct yourself in a vulgar or offensive manner while using our service, or use the Truthstream website for any unlawful purpose.

Limitations on Use
You must be 18 years of age or older to become a member of the Truthstream service. While individuals under the age of 18 may utilize the service, they may do so only with the involvement of a parent or legal guardian. While Weigh Down Ministries does distribute products that may be watched by children, we do not intentionally seek to collect information from individuals 13 years of age and younger (see also "Profiles"). Unless otherwise specified, the content on the Truthstream website, including content viewed through our streaming functionality, are for your personal and non-commercial use only and we grant you a limited license to access the Truthstream website for that purpose. You may not download (other than through page caching necessary for personal use, or as otherwise expressly permitted by these Terms of Use), modify, copy, distribute, transmit, display, perform, reproduce, duplicate, publish, license, create derivative works from, or offer for sale any information contained on, or obtained from, the Truthstream website without our express written consent. Weigh Down Ministries does not promote, foster or condone the copying of DVDs, CDs, digitally delivered content, or any other infringing activity. You may not frame or utilize any framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Truthstream without our express written consent. You may not use any meta tags or any other "hidden text" utilizing the Truthstream name or trademarks without our express written consent. Any unauthorized use of the Truthstream website or its contents will terminate the limited license granted by us.

Right to Terminate
We reserve the right to terminate or restrict your use of our service, without notice, for any or no reason whatsoever.

Links and Pages
Some of the hyperlinks on the Truthstream website may lead to other websites or Applications that are not controlled by, or affiliated with, Weigh Down Ministries. In addition, other websites may link to the Weigh Down Ministries website or Weigh Down Ministries may include links to the websites of other entities, including those that have associations with us through certain programs. For example, Weigh Down Ministries may include pages that provide links to third party sites where Truthstream members may obtain or purchase such Applications for use in streaming videos or audios. Weigh Down Ministries has not reviewed these websites and is not responsible for the offerings of any of these sites or the content, privacy policies or terms of use of these websites or Applications. Members acknowledge and agree that Weigh Down Ministries is not responsible or liable for, and does not otherwise warrant, the actions of these third parties, the products or contents on the websites, or the performance of any. You should carefully review their privacy statements and other terms and conditions of use.

Claims of Copyright Infringement
It is the policy of Weigh Down Ministries to respect the intellectual property rights of others. Weigh Down Ministries does not promote, foster or condone the copying of DVDs, CDs or any other infringing activity. If you believe your work has been copied in a way that constitutes copyright infringement, are aware of any infringing material on the Truthstream website, or know of someone who is making unauthorized use of the content of the Truthstream website, please notify us at the address specified below of your concern by submitting a signed written notice and containing the following:

(i) A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest;
(ii) Identification of the copyrighted work claimed to have been infringed;
(iii) Identification of the material on the Weigh Down Ministries website that is claimed to be infringing, and information reasonably sufficient to permit us to locate the material;
(iv) Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and, if available, your e-mail address;
(v) 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;
(vi) A statement that the above information is accurate, and under penalty of perjury, that you are, or are authorized to act on behalf of, the owner of the copyright that is allegedly infringed.

You can reach us conerning copyright notice by calling (800) 844-5208 and the email address is info@weighdown.com. Please note, however, that in order for your notice to us to be effective under the Digital Millennium Copyright Act, your notice must be in writing and contain the elements described above. We will not be able to respond to any customer service or other issues through this phone number or email address. For queries that are not related to copyright matters, please see other ways to contact us.

Counter-Notification: If you are the owner or a person authorized to act on behalf of the owner of the material, which was removed from our website or disabled after we received a copyright infringement notice, and you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material, you may ask that the material be restored by sending us a counter-notification. Section 512(g) of the Copyright Act requires that your counter-notification include all of the following:

(i) Your physical signature.
(ii) Identification of the material that had been removed or disabled and the specific URLs where the material appeared before it was removed or disabled.
(iii) A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
(iv) Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located and that you will accept service of process from the person who provided the copyright infringement notification or an agent of such person.

Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material was removed or disabled by mistake or misidentification may be subject to liability.
Once we have received your counter-notification, we will forward it in its entirety to the party who submitted the original claim of copyright infringement. The party who submitted the original claim must then notify us with ten days that he or she has filed an action seeking a court order to restrain you from engaging in infringing activity relating to the material, which was the subject of the original claim of copyright infringement. If we receive notice of such an action, we will not restore the material. If we do not receive such notification, we will replace the removed material and cease disabling access to it. Weigh Down Ministries shall have the right to terminate the account of any member who posts infringing material.

Written communications concerning copyright infringement or counter-notifications under this section of our Terms of Use should be sent to the following address:
Weigh Down Ministries
Attn: General Manager
308 Seaboard Lane
Franklin, TN 37067

Or fax to:
615-771-1165, Subject: DMCA Notification

Disputes; Governing Law
These Terms of Use shall be governed by and construed in accordance with the laws of the state of Tennessee, without regard to conflicts of laws provisions. You and Weigh Down Ministries agree that the United States District Court for the Tennessee Middle Distrcit and/or the Tennessee Superior Court for the County of Williamson shall have exclusive jurisdiction over any dispute between you and Weigh Down Ministries relating in any way to the Truthstream service or Web site or these Terms of Use. You and Weigh Down Ministries expressly and irrevocably consent to personal jurisdiction and venue in these courts. The parties agree that in any such dispute or subsequent legal action, they will only assert claims in an individual (non-class, non-representative) basis, and that they will not seek or agree to serve as a named representative in a class action or seek relief on behalf of those other than themselves. If any provision or provisions of these terms shall be held to be invalid, illegal, unenforceable or in conflict with the law of any jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby, and shall remain in full force and effect.

Last Updated: January 11, 2010