Last Updated: September 20, 2023

These Terms of Use are between you as a user of the website which links to these Terms of Use (each a “Site”), Augustine Institute, Inc., and its applicable joint venture partner (together “We” and or “Augustine Institute”). If you do not agree with these Terms of Use, you may not use the Site or its associated functionality (collectively the “Services”). Please read these Terms of Use carefully before accessing or using the Services.

1. Acceptance

By accessing or using our Site or any of the Services, you agree to be bound by these Terms of Use, even if you do not obtain any product or any other Service from us.

If you are an entity other than a natural person, the person who registers the account or otherwise uses our Services must have the authority to bind the entity. In this context, “you” means both the entity and each person who is authorized to access the account.

We may update these Terms of Use by posting a revised version on our Site and changing the “Last Updated” date above. By continuing to use our Services, you accept any revised Agreement.

These Terms of Use include our Privacy Policy. Please review our Privacy Policy to learn about the information we collect from you, how we use it, and with whom we share it.

2. Our Services

Service License: Subject to the terms hereof, we grant you access to our Services. This includes the right to:

• Stream videos;
• Post reviews and discuss the content of our Site; and
• Use related functionality that we may provide.

Coaching: As part of your subscription to the Services, we may offer a free coaching session to you to assist you in making the most of our Services. This coaching is provided “as is” and with no guarantee or warranty that it will have the desired effect.

Downloadable Software: We may offer applications for devices (“Apps”) directly or through third-party stores. Subject to your compliance with these Terms of Use, Augustine Institute grants you a limited, non-exclusive, non-transferable, revocable license to download and use the Apps. We may update Apps from time to time to add new features and/or correct bugs. You shall ensure that you are using the most recent version of the App that is compatible with your device. We cannot guarantee that you will be able to use the most recent version of the App on your device. Apps offered through third-party stores may be subject to separate terms of use.

Joint Ventures: Some Sites we operate are joint ventures with third parties, for example, Formed is a joint venture with Ignatius Press, Heroic Men is a joint venture with the Catholic Men’s Leadership Alliance, and Eucharistic Revival is a joint venture with USCCB. By visiting a Site, you acknowledge that the applicable joint venture partner for that Site will have access to your account information and behavior on that Site, excluding payment information.

Donations: A Site may provide you the option to donate to the Site or a charity specified at the time of donation. The details of your donor account, as well as how to cancel any recurring donations, will be provided at the time of donation. By donating, you agree that we will share your donor information with our third-party donation services provider.

Third Parties: We may provide links to and integrations with websites or services operated by others. Your use of each such website or service is subject to its terms of service and privacy policies.

3. Accounts

Registration: You may create an account to use certain features we offer. To do so, you must provide a valid email address. By creating an account, you agree to receive electronic notices from Augustine Institute at that email address. You must keep your email address valid and current so that we are able to contact you.

Age Requirements: You must be at least 16 years old or the applicable age of majority in your jurisdiction, whichever is greater, to create an account on the Services. Individuals under the applicable age may use our Services only through a parent or legal guardian’s account and with their involvement. Please have that person read these Terms of Use with you and consent to it before proceeding.

Parents and Guardians: By granting your child permission to use the Services by creating an account for them through your account, you agree and understand that you are responsible for monitoring and supervising your child's usage. If you believe your child is using your account and does not have your permission, please contact us immediately so that we can disable access.

Clergy and Team Members: Certain subscription plans may allow you to grant other users, such as clergy, team members, parishioners, or local diocese, access to your account. Each such user must create an account with their own login credentials and are thereby deemed a party to these Terms of Use. You are responsible for the actions of your fellow users if you share an organization and must monitor their access and usage. You agree that your subscription plan is for your parish, parishioners, and clergy only; separate parishes require additional subscriptions.

Account Security: You are responsible for all activity that occurs under your account, including unauthorized activity. You must safeguard the confidentiality of your account credentials and may not share your account credentials with anyone. If you are using a computer that others have access to, you must log out of your account after each session. If you become aware of unauthorized access to your account, you must change your password and notify us immediately.

4. Subscription Plans

Plan Types: We may offer free memberships or paid subscriptions. You may purchase a “Self-Serve” plan (you sign up and pay online) or an “Enterprise” plan (you work with a sales representative and execute an individualized agreement). Advertised prices and features may change.

Fees: You must pay all fees (plus any taxes) during your subscription period and any renewal periods. Our fees may include a fixed monthly or annual fee plus variable fees for transactions or usage. We may adjust fees from time to time. We will attempt to notify you in advance of any such fee changes prior to your next billing cycle. If you do not wish to accept a fee change, you may cancel your subscription in accordance with these Terms of Use.

Taxes: We may apply taxes, including VAT (value-added tax), to any charges. Prices and other terms of purchase are subject to change. We will attempt to notify you in advance of any such price changes prior to your next billing cycle. If you do not wish to accept a price change, you may cancel your subscription in accordance with these Terms of Use.

Free Trials and Discounts: We may offer free trials or discounted subscriptions. When a free trial period ends, your paid subscription begins (unless you have canceled) and you must pay the full monthly or annual fee. If we provide a discount for the first subscription period, you must pay the discounted fee; in any renewal, you must pay the full fee. You can cancel your free trial or subscription at any time. You will receive an upcoming renewal reminder email seven days before your subscription renews each month. If you choose to change your subscription or cancel, you can do so from your account page, by calling our customer service line at (866) 767-3155, or by emailing us customerservice@augustineinstitute.org. No minimum time commitment is required and your subscription will continue until you cancel.

Cancellation:   To the extent permitted by applicable law, subscriptions automatically renew for the subscription period until you cancel. Your payment method will be charged at the beginning of each subscription period. Your payment method will be charged at the end of the free-trial period unless you cancel before the end of that period. To pause or cancel a subscription, visit your account settings. Your changes will be applied to your next subscription period.

To cancel if you signed up within an Apple iOS or Apple TV app, follow the steps here: https://support.apple.com/en-us/HT202039

To cancel if you signed up within a Google Play/Android app, follow the steps here: https://support.google.com/googleplay/answer/7018481

To cancel if you signed up within the Roku channel, follow the steps here: https://support.roku.com/article/208756478-how-do-i-manage-or-cancel-a-subscription

To cancel if you signed up with Amazon, follow the steps here: https://www.amazon.com/gp/help/customer/display.html?nodeId=GDT2SXJJ7K49JKYE

Refund Policy: All purchases, including recurring charges, are final and non-refundable. Any refund we provide to you is at our sole discretion; you agree that you are not entitled to, and will not seek, any relief or refund from Vimeo.com, Inc., a third party beneficiary of these Terms of Use. In our sole discretion, however, Self-Serve subscribers who purchase plans directly from Augustine Institute may cancel and receive a refund of their initial purchase within thirty (30) days after purchasing an annual plan and five (5) days after purchasing a monthly plan. Notwithstanding the foregoing, no refunds will be given for

• Fees charged immediately after a free-trial period ends;
• Attempted abuse of the refund policy (i.e., by subscribing and requesting refunds repeatedly);
• Subscription renewals or migrations to other plans;
• Fees other than annual or monthly subscription fees;
• Requests made after the specified periods;
• Users who have breached these Terms of Use;
• Users who joined using a promotion that expressly disclaimed our refund policy;
• Users who have initiated a chargeback dispute; or
• Enterprise plan customers.

For more information on seeking refunds from different platforms, see here.

Lapse Policy: When your subscription ends, your account will be deleted. Any content (defined below) in the account may be deleted to comply with the limitations of the new account status. You are responsible for archiving any content you submitted to the Service. Augustine Institute shall not be responsible for the loss of any of your content. We may publish additional guidelines regarding the treatment of lapsed subscriptions. These guidelines describe current practices only and shall not require us to provide any level of post-subscription account status.

Resale: You may not sell, resell, rent, lease, or distribute any plan or any other aspect of our Services to any third party unless authorized by us in writing. We may suspend or terminate accounts sold via authorized resellers for non-payment to the reseller or any violation of the restrictions set forth in these Terms of Use.

5. Acceptable Use Policy

We may allow you to create, upload, live stream, submit, or publish (collectively, to "submit") content such as videos, recordings, images, and text (collectively, "content"). You must ensure that your content, and your conduct, complies with the Acceptable Use Policy set forth in this Section 5. Augustine Institute may (but is not obligated to) monitor your account, content, and conduct, regardless of your privacy settings. Augustine Institute may remove or limit access or availability to any content or account that it considers in good faith to violate this Acceptable Use Policy.

5.1 Copyright Policy

To the extent you can upload content to the Services, you may only upload content that you have the right to upload and share. Copyright owners may send Augustine Institute a takedown notice as stated in our Copyright Policy if they believe Augustine Institute is hosting infringing materials. We will, in appropriate circumstances, terminate the accounts of users who repeatedly infringe.

5.2 Community Guidelines

Each Site is a streaming platform where people digitally encounter the teachings of Christ, His Church, and the riches of tradition adapted to the modern day. The Sites are a place where people can share their passion for the Gospel and be nourished together through learning, watching, listening, and reading. Each Site is a family-friendly community designed to upbuild the Church in love and truth. In order to facilitate the exchange of ideas and to ensure they are expressed in an appropriate manner, the Site has implemented Community Guidelines. These Guidelines outline the rules of conduct for participation on all comment boards and should be consulted by all community members.

Each Site is a global community based on the life, death, and resurrection of Jesus Christ and the subsequent unfolding of revelation through His Church—which is “built on the foundation of the apostles and prophets, Christ Jesus himself being the cornerstone” (Ephesians 2:20). While our members span across the globe, we are united through “one body and one Spirit…one Lord, one faith, one baptism, one God and Father of all” (Ephesian 4:4-6). The Spirit of God unites us and so we ask all of our members to interact on the Site(s) with the Spirit of “love, joy, peace, patience, kindness, goodness, faithfulness, gentleness, self-control” (Galatians 5:22-23).

All Sites include a commenting feature intended to provide members with a place to connect and share their reflections, questions, stories, and difficulties.

• Comments are posted on the Site without immediate moderation requirements. We want people to interact freely with our content and other users.
• We reserve the right to delete any post, content, or comment that:

·       Is contrary to the teachings of the Catholic Church;

·       Is defamatory, indecent, hateful, vulgar, disgraceful or inappropriate;

·       Is advertising content outside of the Site;

·       Violates Vimeo’s acceptable use policy, available here; or

·       Is addressing a topic that is irrelevant to the content on which it is posted.

We may respond to comments:

• When there are other resources or materials that can help address a community member’s post;
• When a relevant question is asked and to which we can provide an answer; or
• When a post is inappropriate and violates our policies.

We reserve the right to block any user from the ability to comment who neglects and/or abuses any of these guidelines.

5.3 Code of Conduct

In using our Services, you may not:

• Use an offensive screen name (e.g., explicit language) or avatar (e.g., containing nudity or offensive symbols);
• Act in a deceptive manner or impersonate any person or organization;
• Harass or stalk any person;
• Harm or exploit minors;
• Distribute “spam” in any form or use misleading metadata;
• Collect personal information about others without their authorization;
• Access another’s account except as permitted herein;
• Use or export any of our Services in violation of any U.S. law;
• Act in a manner that would subject Augustine Institute to industry-specific privacy regulations such as the Health Insurance Portability and Accountability Act (HIPAA) or the Gramm-Leach-Bliley Act (GLBA);
• Engage in any unlawful activity;
• Embed our video player on or provide links to sites that contain content prohibited by Section 5.2; or
• Cause or encourage others to do any of the above.

5.4 Prohibited Technical Measures

You will not:

• Except as authorized by law or as permitted by us in writing: scrape, reproduce, redistribute, frame, mirror, create derivative works from, decompile, reverse engineer, alter, archive, or disassemble any part of our Services; or attempt to circumvent any of our security, rate-limiting, filtering, or digital rights management measures;
• Remove or modify any logo, watermark, or notice of proprietary rights embedded on or in the Services or any output thereof without our permission;
• Submit any malicious program, script, or code;
• Submit an unreasonable number of requests to our servers; or
• Take any other actions to manipulate, interfere with, or damage our Services.

5.5 Restricted Users

In addition to our rights and guidelines above, you may not use our Services if you:

• are a terror or hate group or a member thereof;
• have been designated by a U.S. agency as an entity that we may not contract with (e.g., a Specially Designated National); or
• are subject to sanctions by a non-U.S. government such that we would be required to block your videos in a substantial number of countries in which we provide service.

You may not purchase goods or software services from us if doing so would violate any U.S. sanctions. You hereby make a continuing representation that you are in compliance with the foregoing restrictions.

6. Licenses

6.1 Licenses Granted by You

As between you and Augustine Institute, you own and will retain ownership of all intellectual property rights in and to the content you submit.

The license period begins when you submit the content to Augustine Institute and ends when you or Augustine Institute delete it; provided that Augustine Institute may retain archival copies: (a) for a limited period of time in case you wish to restore it; (b) when the video is the subject of a takedown notice or other legal claim; or (c) when Augustine Institute in good faith believes that it is legally obligated to do so.

6.2 Account Profile

You grant Augustine Institute permission to use your name, likeness, biography, trademarks, logos, or other identifiers used by you in your account profile for the purpose of displaying such properties to the public or the audiences you have specified. You may revoke the foregoing permission by deleting your account. Augustine Institute shall have the right to identify public profiles in its marketing and investor materials.

6.3 Feedback

You may provide comments, suggestions, or other feedback concerning our Services (“Feedback”). By submitting Feedback, you irrevocably transfer all ownership of such Feedback to us; to the extent you cannot transfer ownership of Feedback because the content thereof is owned by a third party, you grant Augustine Institute a perpetual and irrevocable right and license to use, copy, transmit, distribute, publicly perform, and display such feedback in any manner without any compensation to you.

6.4 Scope of Licenses

All licenses granted by you in this Section 6: (a) are non-exclusive, worldwide, and royalty-free; (b) include the right and license to copy, use, distribute, publicly perform, and display the licensed work for the purposes stated above; and (c) include all necessary rights and licenses to allow us to exercise our rights and perform our obligations. By granting these licenses, you waive any so-called “moral rights” that you may have. Nothing in these Terms of Use shall be deemed a license “condition” applicable to Augustine Institute; rather, any breach of a term by Augustine Institute hereof shall give rise to, at most, a claim for breach of contract only. All licenses granted herein are in addition to any other licenses that you may grant (e.g., a Creative Commons license).

7. Your Obligations

7.1 Representations and Warranties

For each piece of content that you submit to or through Augustine Institute, you represent and warrant that:

• You have the right to submit the content to Augustine Institute and grant the licenses herein;
• Augustine Institute will not need to obtain licenses from any third party or pay royalties to any third party with respect to the streaming or other permitted distribution of the content;
• You have obtained appropriate releases (if necessary) from all persons who appear in the content;
• The content does not, and will not, infringe any third party's rights, including intellectual property rights, rights of publicity, moral rights, and privacy rights; and
• The content complies with these Terms of Use and all applicable laws.

7.2 Indemnification

You will indemnify, defend, and hold harmless us and its subsidiaries, parents, and affiliates, and their and our respective directors, officers, employees, and agents, from and against all third-party complaints, demands, claims, damages, losses, costs, liabilities, and expenses, including attorney’s fees, arising from or relating to: (a) the content you submit to or through the Services; and (b) allegations of actions or omissions by you that (regardless if proven) would constitute a breach of these Terms of Use.

8. Term and Termination

These Terms of Use begin when you first use our Services and continues so long as you use our Service, visit our Site, or have an account with us, whichever is longer. Paid accounts will continue for the subscription period and will renew in accordance with Section 4 above. With respect to users who do not have a subscription plan (i.e., free users), (a) Augustine Institute may terminate these Terms of Use at any time with reasonable notice to you, and (b) applicable users may terminate at any time by deleting their accounts in accordance with Section 4 above.

If you breach these Terms of Use, Augustine Institute may, at its option: (a) terminate these Terms of Use immediately, with or without advance written notice; (b) suspend, delete, or limit access to your account (and other accounts you control) or any content within it; and (c) to the extent permitted by applicable law, retain any amounts payable to you (which you forfeit). If Augustine Institute deletes your account for breach of these Terms of Use, you may not re-register.

In the event of any termination or expiration, the following sections will survive: Sections 4, 6.3, 7.2, 10-14.

9. Geographic Restrictions

The owner of the Service is based in the State of Colorado in the United States. We make no claims that the Service or any of its content is accessible or appropriate outside of the United States. Access to the Service may not be legal by certain persons or in certain countries. If you access the Service from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

10. Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Service 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. TO THE FULLEST EXTENT PROVIDED BY LAW, 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 YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

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

‍
TO THE FULLEST EXTENT PROVIDED BY LAW, AUGUSTINE INSTITUTE 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 THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

11. Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL WE, ITS AFFILIATES, OR OUR 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, OR INABILITY TO USE, THE SERVICE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SERVICE 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.

The limitation of liability set out above does not apply to liability resulting from our gross negligence or willful misconduct.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

12. Governing Law and Jurisdiction

All matters relating to the Service 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 Colorado without giving effect to any choice or conflict of law provision or rule (whether of the State of Colorado or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Services shall be instituted exclusively in the federal courts of the United States or the courts of the State of Colorado, in each case located in the City of Denver and County of Denver. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

13. Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

14. Waiver and Severability

No waiver by Augustine Institute of any term or condition set out 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 Augustine Institute 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 a court or other tribunal 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.

15. Entire Agreement

The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and us or any of its affiliate entities regarding the Service and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Service.

16. Notices: You must send any notices of a legal nature to us by email or at:

Augustine Institute, Inc.
Attention: Legal Department
6160 S Syracuse Way - Suite 310
Greenwood Village, CO 80111

‍