LANTERN MULTIMEDIA, INC.

SERVICE TERMS OF USE

These Terms of Use govern the relationship between you and Lantern Multimedia, Inc. (hereinafter, “Lantern,” “us,” “our” or “we”) and your use of the Service provided by Lantern, as defined hereafter. Lantern offers a subscription-based service called Anaphora, which provides users with access to digital versions of Orthodox media through our downloadable mobile application and our website (the “Service”). The Service includes any technology provided by Lantern, including but not limited to any players, widgets, apps, data, software, or APIs. The terms “you,” “your,” and “yours” refer to anyone accessing, viewing, browsing, visiting or using the Service.

IMPORTANT – PLEASE READ CAREFULLY: THESE TERMS OF USE ALONG WITH ANY POLICIES, AS DEFINED BELOW AND INCORPORATED HEREIN BY REFERENCE, (COLLECTIVELY THE “TERMS”) ARE A LEGALLY BINDING AGREEMENT BETWEEN LANTERN AND YOU (EITHER AN INDIVIDUAL OR A SINGLE ENTITY) AND SET FORTH THE TERMS AND CONDITIONS ON WHICH YOU MAY ACCESS AND USE THE SERVICE. IF YOU DO NOT AGREE TO THESE TERMS, YOU SHOULD NOT ACCESS OR USE THE SERVICE. IN ADDITION, WHEN USING PARTICULAR FEATURES OF THE SERVICE, YOU MAY BE SUBJECT TO ADDITIONAL TERMS AND CONDITIONS APPLICABLE TO SUCH FEATURES. ALL SUCH TERMS AND CONDITIONS ARE HEREBY INCORPORATED BY REFERENCE INTO THE AGREEMENT.

YOUR ACCEPTANCE

By opening, accessing, downloading, browsing or otherwise using, in any way, the Service, including any service or feature on the website, you consent to, and are bound by, these Terms. In order to use the Service, you must be 18 years of age or over, or of the legal age to form a binding contract in your jurisdiction if that age is greater than 18 years. If you are under the age of 18 or the applicable legal age in your jurisdiction, you can use the Service only if you are at least 13 years old and your use is in conjunction with, and under the supervision of, your parent or guardian who has agreed to these Terms on your behalf.

POLICIES

Your use of the Service is subject to all applicable technical and non-technical specifications, guidelines and policies which Lantern may provide from time to time including but not limited to the Privacy Policy located at http://www.anaphoraradio.com/policies, which is incorporated herein by reference (hereinafter collectively referred to as “the Policies”). You agree and undertake to comply with the Policies. If you do not agree with these Terms or the Policies, then please do not use the Service.

MODIFICATIONS

Lantern may modify the Terms from time to time, in its sole discretion, or may modify, suspend or discontinue, temporarily or permanently, the Service or any part or feature thereof, with or without notice, and without liability to you. Modifications to these Terms, including, but not limited to, any Policies, will be posted on the relevant area of the website or Service and will be effective immediately upon posting. You agree to review the Terms from time to time to ensure you are updated as to any modifications. By continuing to use the Service following any such modifications, you accept and agree to be bound by such modifications. IF ANY MODIFICATION IS NOT ACCEPTABLE TO YOU, YOUR SOLE REMEDY AND RECOURSE IS TO DISCONTINUE USE OF THE SERVICE.

ACCOUNT SET-UP

In order to use the Service, you will have to register with a unique username and password (“Account”). When creating or updating an Account on the Service, you are required to provide Lantern with certain personal information, which may include information not limited to your name, birth date, email address and payment information (together with your username and password, the “Account Information”). This information will be used and held in accordance with the Privacy Policy. You agree that you will supply accurate and complete information to Lantern, and that you will keep such information current.

You are responsible for maintaining the confidentiality of your password and also for any actions under your password and Account, whether authorized by you or not. You shall not share your Account. In the event you become aware of or reasonably suspect any breach of security, including without limitation any loss, theft, or unauthorized disclosure of your Account or Account Information, you must immediately notify Lantern and modify your password accordingly. Lantern reserves the right to remove or reclaim Accounts at any time and for any reason, including but not limited to claims by a third party that an Account violates the third party’s rights.

SUBSCRIPTIONS

    Once you set up an Account, you may access the Service by one of two subscriptions:
  1. Free Subscription. The Free Subscription includes in-app advertisements provided by a third party network and is processed at a listening bitrate of 32kb. The Free Subscription is limited to the Service’s Divine Liturgies station.
  2. Paid Subscription. The Paid Subscription has no in-app advertisements and is processed at a listening bitrate of 64kb. A Paid Subscription currently costs ninety-nine cents ($.99) per month for access to the Service’s Divine Liturgies station. You may access paid stations on the Service for an additional ninety-nine cents ($.99) per station per month, or $2.99 per month for unlimited paid station listening. The Service’s paid stations are Praises, Sermons, Hymns and Spiritual Songs.

    If you have a Paid Subscription, your payment will automatically renew monthly for additional one-month periods, unless you cancel your Paid Subscription through your Account before the end of the current subscription period. The cancellation will take effect the day after the last day of the current subscription period, and you will be downgraded to the Free Subscription.

We may change the price for Paid Subscriptions from time to time, and will communicate any price changes to you. Price changes for Paid Subscriptions will take effect at the start of the next subscription period following the date of the price change. By continuing to use the Service after the price change takes effect, you accept the new price. We may also cease to offer the Free Subscription at our discretion at any time.

LICENSE GRANT

Subject to your agreement and continuing compliance with these Terms and any other relevant Policies, Lantern grants you a non-exclusive, non-transferable, revocable limited license subject to the limitations of these Terms to access and use the Service solely for your own personal, non-commercial entertainment purposes. You agree not to use the Service for any other purpose.

OWNERSHIP

You acknowledge and agree that the Service uses and contains proprietary and confidential technology and information owned by, or licensed to, Lantern and protected by applicable intellectual property law and other laws and international treaties. All information, data, text, software, music, sounds, images, photographs, graphics, videos, web-casts, messages, tags, or other materials that are available or displayed on, or through, the Service (the “Lantern Content”) is copyrighted by Lantern and its licensors under United States and international copyright laws. The Lantern Content may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way without the prior written permission of Lantern. You must abide by all copyright notices, information, or restrictions contained in or attached to any Lantern Content. Lantern, Anaphora and the Anaphora logo constitute trademarks, trade names, or service marks (“Marks”) of Lantern. You are not authorized to use any such Marks. Ownership of all such Marks and the goodwill associated therewith remains with Lantern.

Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other property interest in the Account or the Lantern Content, and you further acknowledge and agree that all rights in and to the Account are and shall forever be owned by and inure to the benefit of Lantern.

YOUR PERMISSION

Subject to your acceptance and compliance with the Terms, Lantern hereby grants you permission to access and use the Service, provided that you shall not (and shall not allow a third party to): (i) modify, adapt, translate, or reverse engineer any portion of the Service; (ii) remove any copyright, trademark or other proprietary rights notices contained in or on the Service or in or on any content or other material obtained via the Service; (iii) use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve or index any portion of the Service; (iv) reformat or frame any portion of the web pages that are part of the Service; (v) create user accounts by automated means or under false or fraudulent pretenses; (vi) create or transmit unwanted electronic communications such as “spam” to other users or members of the Service or otherwise interfere with other users’ or members’ enjoyment of the Service; (vii) transmit any viruses, worms, defects, Trojan horses or other items of a destructive nature; (viii) use the Service to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material, including any material that may be deemed threatening or obscene; (ix) copy or store any Lantern Content offered on the Service; (x) use the Service for other than your own personal, non-commercial use; (xi) use any device, software or routine that interferes with the proper working of the Service, or otherwise attempt to interfere with the proper working of the Service; (xii) take any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on our IT infrastructure; (xiii) use the Service intentionally or unintentionally, to violate any applicable local, state, national or international law; or (xiv) collect or store personal data about other users in connection with the prohibited activities described in this paragraph.

DISCLAIMER OF WARRANTIES

THE SERVICE, INCLUDING ALL FEATURES OR FUNCTIONALITIES ASSOCIATED THEREWITH, ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, WE AND OUR LICENSORS DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE DO NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERRORFREE, AND YOU AGREE THAT WE MAY ELIMINATE OR OTHERWISE MODIFY ANY OR ALL ASPECTS OF THE SERVICE, INCLUDING ANY FEATURES THEREOF, WITHOUT COMPENSATION OR NOTICE TO YOU. WE MAKE NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE SERVICE OR THAT YOUR USE OF THE SERVICE WILL BE FREE FROM INTERRUPTION, LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION AND WE DISCLAIM ANY LIABILITY WITH RESPECT THERETO. WITHOUT LIMITING THE FOREGOING, WE AND OUR LICENSORS ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY OF THE FOLLOWING: (I) CONTENT CONTAINED ON OR DEFECTS WITH THE SERVICE; (II) ERRORS OR OMISSIONS IN THE SERVICE; (III) ANY FAILURE OR INTERRUPTION IN THE AVAILABILITY OF THE SERVICE; (IV) DELIVERY AND OR DISPLAY OF ANY CONTENT CONTAINED IN THE SERVICE; AND (V) ANY LOSSES OR DAMAGES ARISING FROM THE USE OF THE SERVICE.

LIMITATION OF LIABILITY

You understand and agree that your use of the Service is at your own discretion and risk and that you will be solely responsible for any damages that arise from such use including, without limitation, for loss of data and or any type of malfunction to your computer. IN NO EVENT SHALL WE, OUR LICENSORS OR ANY OF OUR OR THEIR SHAREHOLDERS, 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 SERVICE. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES FOR LOSSES ARISING FROM THE USE OR INABILITY TO USE THE WEBSITE (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT OF ONE MONTH’S SUBSCRIPTION FEES YOU PAY FOR THE SERVICE. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

INDEMNIFICATION

To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless us, our licensors, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service; (ii) your violation of these Terms or the Policies; or (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right. This defense and indemnification obligation will survive the termination of your subscription.

TECHNOLOGY LIMITATIONS AND MODIFICATIONS

Lantern will make reasonable efforts to keep the Service operational. However, certain technical difficulties or maintenance may, from time to time, result in temporary interruptions. Lantern reserves the right, periodically and at any time, to modify or discontinue, temporarily or permanently, functions and features of the Service, with or without notice, all without liability to you for any interruption, modification, or discontinuation of the Service or any function or feature thereof. You understand and agree that Lantern has no obligation to maintain, support, upgrade, or update the Service, or to provide all or any specific content through the Service.

THIRD PARTY CONTENT

The Website may provide links to third-party websites or resources and contain third-party advertisements. Lantern has no control over such websites and resources and you acknowledge and agree that Lantern is not responsible for the availability of such websites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You further acknowledge and agree that Lantern shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or inability to use (i) any sites or resources that the Service provides links to or that provide links to the Service, or (ii) any content, goods, or services available on or through any such sites or resources. Lantern does not take any responsibility for third party advertisements which are posted on the Service, nor does it take any responsibility for the goods or services provided by its advertisers. Your dealings with, or participation in promotions of, any thirdparty advertisers or other third-party providers of goods or services found on or through the Service and any terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third-party advertiser or provider.

USER CONTENT

“User Content” means any communications, images, sounds, text, and all the material, data and information that you upload or transmit on or through the Service, or that other users upload or transmit on or through the Service. By transmitting or submitting any User Content while using the Service, you affirm, represent and warrant that such information is (i) accurate and not confidential; (ii) not in violation of any laws, contractual restrictions or other third party rights and that you have permission from any third party whose personal information or intellectual property is comprised in the User Content; (iii) free of viruses, adware, spyware, worms or other malicious code; (iv) free of information or links to material or information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable or offensive; and (v) you acknowledge and agree that any of your personal information within such content will at all times be processed by Lantern in accordance with its Privacy Policy.

You hereby grant Lantern a perpetual and irrevocable, worldwide, fully paid-up and royalty free, nonexclusive, unlimited license, including the right to sublicense and assign to third parties, and right to copy, reproduce, fix, adapt, modify, improve, translate, reformat, create derivative works from, manufacture, introduce into circulation, commercialize, publish, distribute, sell, license, sublicense, transfer, rent, lease, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice, in any way now known or in the future discovered, your User Content as well as all modified and derivative works thereof. To the extent permitted by applicable laws, you hereby waive any moral rights you may have in any User Content. The license you grant us to use your User Content ends when you delete your User Content or you close your Account unless your User Content has been shared with others, and they have not deleted it. However, you understand and accept that removed content may persist in back-up copies for a reasonable period of time.

CONTENT SCREENING

Lantern assumes no responsibility for the conduct of any user submitting any User Content and assumes no responsibility for monitoring the Service for inappropriate content or conduct nor does it endorse any opinion contained in the User Content. We do not, and cannot, pre-screen or monitor all User Content. However, at our discretion, our representatives or technology may monitor and/or record your interaction with the Service. By entering into these Terms, you hereby provide your irrevocable consent to such monitoring and recording. You acknowledge and agree that you have no expectation of privacy concerning the transmission of any User Content. If at any time Lantern chooses, in its sole discretion, to monitor the Service, Lantern nonetheless assumes no responsibility for User Content and assumes no obligation to modify or remove any inappropriate User Content. We have the right, but not the obligation, in our sole discretion to edit, refuse to post, or remove any User Content. Lantern may reject, refuse to post or delete any User Content for any or no reason, including, but not limited to, User Content that in the sole judgment of Lantern violates these Terms.

If you believe that any User Content does not comply with the guidelines for User Content, please contact usat the email address below with a link to the User Content about which you are complaining.

TERMINATION

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