Terms of Use

Welcome to ThirdDay.media. Third Day Media, LLC. and its affiliates (collectively, "Third Day Media") make this website available to you subject to the following terms of use (the "Terms"). Please read them carefully. Do not use this website if you do not accept these Terms. If you access or purchase a product or service from this website, you affirmatively accept these Terms. Third Day Media reserves the right to change, modify, add or remove portions of these Terms of Use at any time. We will post the current Terms of Use at the Site so that you can review it at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will indicate that you accept and agree to the changes.

Please also view our Privacy Policy located at: http://www.thirdday.media/privacy.htm

Trademarks, Service Marks, and Trade Names

"Third Day Media" and "MannaTap" are trademarks of Third Day Media, LLC. Other names, logos, designs, titles, words, recordings or phrases on this website may also constitute trademarks, service marks, trade names or other protected intellectual property of Third Day Media, LLC. or other entities.

Electronic Communications

When you visit this website or send us an email, you are communicating with us electronically. Your visit to this website or communication with us via email will be deemed to be your consent to receive communications from us electronically. We will communicate with you by email or by posting notices on this website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Intellectual Property and Approved Use

Excluding copyrights held by other parties where noted, rights to all text, graphics, user interfaces, visual interfaces, trademarks, logos, sounds, music, artwork, functionality and computer code (collectively, "Content"), including but not limited to the design, text, coordination, "look and feel" and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to Third Day Media, and is protected by trade dress, copyright and trademark laws, and various other intellectual property rights and unfair competition laws.

Users of Third Day Media Mobile Applications are licensed to share images contained in Mobile Applications by using the "Share" feature of the Mobile Application only. You may use the "Share" feature to post or share content for individual, personal, non-commercial use only. No more than one hundred (100) screens can be shared per individual. No other use is permitted without prior written permission. No part of the Site or Third Day Media Mobile Applications may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, Web site, paper or other medium for publication or distribution or for any commercial or non-commercial enterprise, except as described herein, without Third Day Media's expressed prior written consent. Third Day Media content may not be used in any way to make any derivative work. You may not use any Meta tags or any other "hidden text" utilizing the Third Day Media names or trademarks without the prior written consent of Third Day Media.

Third Day Media's Web site and Mobile Applications use original images as well as images that are made available on a paid or nonpaid basis. We respect the works and rights of artists and intellectual property owners and we believe that we are authorized to use all non-original images that we use and have given proper credit where credit was required. If you feel you that we are using a creative work without permission or without giving the required credit, please contact us. (Please see "Copyright Complaints" below.)

If you wish to use Third Day Media content in any type of commercial or nonprofit use, please contact us to request special licensing. Any special rules for the use of certain software and other items accessible on the Site or Third Day Media Mobile Applications may be included elsewhere within the Site and are incorporated into these Terms by reference.

Content and features are subject to change or termination without notice in the editorial discretion of Third Day Media. All rights not expressly granted herein are reserved to Third Day Media and its licensors.

Suggestions, Ideas and other Submissions

All comments, reviews, suggestions, ideas, notes, drawings, concepts, artwork, photographs or other information (collectively, "Submissions") disclosed or offered to Third Day Media by Visitors of this site, social media site(s) or in response to solicitations in this site shall be deemed and shall remain the property of Third Day Media. You understand and acknowledge that Third Day Media has both internal resources and other external resources which may have developed or may in the future develop ideas identical to or similar to the suggestion or comments to suggestions and that Third Day Media is only willing to consider the suggestion on these terms. That, in any event, any submission is not submitted in confidence and Third Day Media assumes no obligation express or applied by considering it. You waive any right to confidentiality for any Submission. If you wish to keep any Submission, including creative work, message, or business information, including information, plans, ideas, concepts or inventions private, confidential or proprietary, do not submit it to Third Day Media in any manner, including by email or in social media. You waive any claim against Third Day Media, and must indemnify and defend Third Day Media against all claims resulting from any Submission you supply. Third Day Media has the right but not the obligation to monitor and edit or remove any Submission or activity. Third Day Media takes no responsibility and assumes no liability for any Submission posted by you or any third party. Without limitation, Third Day Media shall exclusively own all now known or hereafter existing rights to the Submissions of every kind and nature throughout the Universe and shall be entitled to unrestricted use of Submission for any purpose whatsoever, commercial or otherwise without compensation to the provider of the Submission or anyone else.

Visitors may not submit Submissions that are obscene, illegal, threatening, hateful, discriminatory, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false email address, impersonate any person or entity or otherwise mislead as to the origin of a Submission. You agree not to submit Submissions for which you do not own the copyright.

Copyright Complaints and Take Down Procedures

Third Day Media respects the intellectual property of others. If you are a copyright owner or an agent thereof and believe any materials accessible on or from the Site or Mobile Application infringes your copyright, pursuant to the Digital Millennium Copyright Act ("DMCA") you may request removal of those materials (or access thereto) from the Site by contacting The Site's copyright agent below and providing the following information in writing (see 17 U.S.C 512(c)(3) for more information):

    1. Identification of the copyrighted work that you believe to be infringed. Please describe the work and where possible include a copy of an authorized version of the work.

    2. Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL, name of Mobile Application, channel and screen number, or any other pertinent information that will allow us to locate the material.

    3. Your name, address, telephone number and email address (if available).

    4. A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.

    5. A statement that the information that you have supplied is accurate, and indicating that "under penalty of perjury," you are the copyright owner or are authorized to act on the copyright owner's behalf.

    6. A signature or the electronic equivalent from the copyright holder or authorized representative.

Third Day Media's agent for copyright issues is:

    Third Day Media, LLC.
    Attn: Intellectual Property and Privacy
    17 Forest Avenue, Ste. 018
    Fond du Lac, WI 54935
    Email: thirddaymedia(-at-)yahoo.com

If you believe that any Submission that you submitted to the Site and was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use such Submission, you may send a counter-notice containing the following information to the Site's agent for copyright issues:

    1. Your physical or electronic signature;

    2. Identification of the Submission that has been removed or to which access has been disabled and the location at which the Submission appeared before it was removed or disabled;

    3. A statement that you have a good faith belief that the Submission was removed or disabled as a result of mistake or misidentification; and

    4. Your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the appropriate federal court in California, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by Third Day Media's agent for copyright issues, we may send a copy of the counter-notice to the original complaining party informing that person that we may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Third Day Media's sole discretion.

In an effort to protect the rights of copyright owners, Third Day Media may ban the use of and/or refuse to accept Submission from Users who are repeat infringers and all decisions are final.

Changes

Third Day Media reserves the right to modify or terminate features, appearance, functionality and prices of Site, advertising, and Mobile Applications at any time without notice.

Minors

Due to the nature of the internet we are not able to prohibit minors from using the Site. If you are a minor, your acceptance of these Terms must be through a parent or lawful guardian. If you use Third Day Media or any Third Day Media Application we have the right to presume that you are not a minor or that if a minor, you accept these Terms through a parent or guardian. The Site is not intended or designed to attract children under the age of 14. We do not knowingly collect personally identifiable information from any person we believe to be a child under the age of 14.

A link to our Privacy Policy is provided near the top of this Agreement.

Sharing

Third Day Media Mobile Applications may contain 'share' features that allow you as a User to share content, including but not limited to posting to various social platforms or transmitting by email. These features involve third parties that will receive and enable the transmission of your shared content. Third parties have their own privacy policies and practices that are beyond our control and may be different from Third Day Media's own policies. Third Day Media is not responsible for and assumes no liability for third party actions or inactions and privacy practices, in all aspects of the handling of content disseminated through the 'share' features at Third Day Media or in Third Day Media Mobile Applications.

You agree that you will conduct all sharing activity in an ethical and lawful way and that you will fully comply with the Terms and Conditions of your Agreements with the social platforms to which you post content. You agree that you are fully and solely responsible for anything that you post and all sharing activity that you conduct. Please be nice and be legal.

Advertising Disclosure

Third Day Media and/or Third Day Media Mobile Applications may contain advertisements. Third Day Media is likely to be paid a fee when an advertisement is displayed, clicked upon and/or responded to. Pay-per-click advertising helps support Third Day Media and allows us to be able to provide Mobile Applications that are free to download. If you click or tap an advertisement that is displayed on the Site or in a Third Day Media Mobile Application, you are likely to leave the Site or Mobile Application and go to a third party website.

Links to Third Party Sites

Third Day Media and Third Day Media Mobile Applications may contain links, including advertisements, to sites that are operated by third parties. Third Day Media is not responsible for the content of linked third-party sites, sites framed within the Site or in Mobile Applications, third-party sites provided as search results, or third-party advertisements, and does not make any representations regarding their content, suitability or accuracy. Third Day Media does not endorse or recommend the content on any third-party websites, including any company, entity, claim, product or service. You assume full and sole responsibility for advertisements that you respond to and third-party websites which you use at your own risk and you are subject to the terms and conditions of use and privacy policies for such sites, which are different from the Site's.

Application Providers

Third Day Media Mobile Applications are available through third party Application Providers. If you download Third Day Media Mobile Applications from a third party Application Provider, including but not limited to Google Play® and the Apple® App Store, you agree to comply with all Application Provider Policies, Terms and Conditions. Third Day Media has no control over or responsibility for how third party Application Providers administer your account with them, including but not limited to: financial transactions you conduct with them, privacy, security, delivery, availability, refund requests, unauthorized charges, customer service and other consumer issues. If you purchase a service or application from an Application Provider, they are solely responsible for all aspects of your purchase. Be sure you fully understand the Application Provider's Terms of Use, Privacy Policy, delivery, refund and customer service policies before downloading or purchasing Third Day Media's mobile application(s) from them.

Authorized to Purchase

If you choose to purchase a premium or paid version of a Third Day Media Application, additional Terms apply to you. If you are a minor, you must purchase the Paid Services through a parent or lawful guardian. We have the right to presume that you have lawfully represented your capacity to subscribe to a paid service whether directly or through a parent or guardian.

Free and Paid Versions and Prices

Some editions of Third Day Media Mobile Applications are free and others may be available on a paid basis. Unless otherwise stated by an Application Provider, all Paid Service charges are exclusive of sales or other taxes and you are responsible for payment of any applicable state, local and city taxes. Third Day Media reserves the right at its sole discretion to modify or terminate any aspect the Site and/or Third Day Media Application(s), including but not limited to: updates, versions, availability, channels, appearance, features or functionality of free or paid versions at any time without notice.

Refunds

Refunds are handled solely by the Application Provider from whom you purchased and downloaded an Application. If you un-install an Application you will not receive a refund unless one is provided to you by the Application Provider from whom you purchased the Application. Be sure you fully understand the Application Provider's Refund Policy before purchasing any Third Day Media Application.

Other Businesses

Parties other than Third Day Media operate stores, provide services, or sell products on this website. We are not responsible for examining or evaluating their products, services or advertising. We do not warrant the offerings of, any of these third parties or their products, services, the content of their websites or advertising, nor do we assume any responsibility or liability for their actions, products or services. You should carefully review their privacy statements and other conditions of use before purchasing products or services, or visiting the websites of such third parties.

Disclaimer of Implied Warranties

THIRD DAY MEDIA EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Limitation of Liability

THIRD DAY MEDIA WILL NOT BE LIABLE TO YOU FOR ANY DAMAGES OF ANY KIND ARISING FROM YOUR USE OF THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

IN NO EVENT WILL OUR AGGREGATE LIABILITY TO YOU FOR ALL DAMAGES FOR ANY CAUSE WHATSOEVER, REGARDLESS OF THE FORM OF ACTION, WHETHER STATUTORY, CONTRACT OR TORT (INCLUDING NEGLIGENCE) EXCEED $50.00. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

NO ACTION MAY BE BROUGHT FOR ANY BREACH OF THESE TERMS OR RELATING TO THIS WEBSITE OR ANY PRODUCT OR SERVICE MORE THAN ONE YEAR AFTER THE ACCRUAL OF SUCH CAUSE OF ACTION.

Applicable Law

By visiting this website, you agree that the laws of the state of Missouri, without regard to principles of conflict of laws, will exclusively govern the construction of these Terms and any dispute of any sort that might arise between you and Third Day Media. These Terms will not be governed by the conflict of law rules of any jurisdiction or the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.

Indemnification

You release, and will defend and indemnify us and our officers, directors, employees, agents, successors and assigns, from and against all claims or causes of actions, and any liabilities, obligations, judgments, fines, costs and expenses (including reasonable attorneys' and expert witnesses' fees and costs) incurred by an indemnified party due to such claim or cause of action arising out of (i) any breach of these Terms by you (ii) your use of this website or (iii) the use by any other persons accessing this website using your account. You further agree to pay our reasonable attorneys' and expert witnesses' fees and costs arising from any actions or claims by third parties and those incurred in establishing whether this section applies.

Disputes

Arbitration

PLEASE READ THIS PROVISION CAREFULLY. IT MEANS THAT YOU AND WE WILL ARBITRATE OUR DISPUTES. Any dispute relating in any way to your visit to this website or to products you purchase through this website will be submitted to final, binding arbitration. Arbitration under these Terms will be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award will be binding and may be entered as a judgment in any court of competent jurisdiction.

Class Action Waiver

WHETHER IN COURT OR ARBITRATION YOU AND WE MAY ONLY BRING CLAIMS AGAINST EACH OTHER IN AN INDIVIDUAL CAPACITY AND NOT AS A CLASS REPRESENTATIVE OR A CLASS MEMBER IN A CLASS OR REPRESENTATIVE ACTION. IF A COURT OR ARBITRATOR DETERMINES IN A CLAIM BETWEEN YOU AND US THAT YOUR WAIVER OF ANY ABILITY TO PARTICIPATE IN CLASS OR REPRESENTATIVE ACTIONS IS UNENFORCEABLE UNDER APPLICABLE LAW, THIS SECTION WILL NOT APPLY, AND YOU AND WE AGREE THAT SUCH CLAIMS WILL BE RESOLVED BY A COURT OF APPROPRIATE JURISDICTION.

Jury Trial Waiver

WHETHER ANY CLAIM IS IN ARBITRATION OR IN COURT (AS PROVIDED IN THIS SECTION), YOU AND WE WAIVE ANY RIGHT TO JURY TRIAL INVOLVING ANY CLAIMS OR DISPUTES BETWEEN YOU AND US.

General

Third Day Media is located in Wisconsin, in the United States of America. Third Day Media makes no claims that the Site or the Content are appropriate or may be downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

Miscellaneous

These Terms, together with the Third Day Media privacy policy and any other policy posted at this website are the entire agreement between Third Day Media and you relating to this website or any purchase of a product from this website and it supersedes any prior representations, discussions, undertakings, communications or advertising relating to the product. Rights and obligations under these Terms, which by their nature should survive and will remain in full effect after any termination or expiration of the Terms. If a court of competent jurisdiction finds any part of these Terms invalid or unenforceable, such finding will not affect the balance of these Terms, which will remain valid and enforceable. You agree to comply with all applicable export regulations with regard to any product purchased by you. Any notice under these Terms must be delivered by internationally recognized overnight courier to the attention of P. Becker, Third Day Media, LLC, 17 Forest Avenue, Ste 018, Fond du Lac, WI 54935.