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THE WILLIAM BRANHAM STOREHOUSE COLLECTION

TERMS AND CONDITIONS OF USE

THE MIDNIGHT CRY GROUP END USER LICENCE AGREEMENT

for The William Branham Storehouse Collection

BACKGROUND

A. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE WILLIAM BRANHAM STOREHOUSE COLLECTION (THE COLLECTION). To ‘use’ the Collection includes but is not limited to accessing any part of the material contained therein for any purpose such as storing, retrieving, copying, transferring or reproducing any part of the Collection content by any means whatsoever.

B. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE AGREEMENT, DO NOT PURCHASE THIS COLLECTION OR USE ANY PART OF THE COLLECTION.

C. This End User License Agreement (the License Agreement) to use the Collection is between you, a private person and THE MIDNIGHT CRY GROUP and has been formulated to ensure that the Collection and it’s content remains accessible to anyone and everyone without excessive cost and to preserve the integrity and reputation of the Collection and it’s contents.

D. By purchasing The William Branham Storehouse Collection or otherwise making use of the Collection, you are signifying that you have read, understood and agree to be bound by and to comply with the terms and conditions of this License Agreement in it’s entirety.

1. GRANT OF LICENSE.

a) The Collection is copyright to The Midnight Cry Group as to all text, narrative, maps, studies and files, documentation, tables, designs, marks or logos created by The Midnight Cry, including but not limited to all indexing and classification systems, all compilations and databases and all methods of accessing same, particularly the method of directly accessing the Message Sermons by Rev. W. M. Branham in either audio and/or written formats by hyperlinks contained within an electronic indexing and classification system. There is NO claim of copyright on the sermon audio or text which are in the Public Domain.

b) This License Agreement is offered to individual private persons only. By accepting the terms of this License Agreement, any private person purchase and/or use the Collection or any part of the content thereof, upon the following terms and conditions;

i. You may use the Collection only for your private, personal, non-commercial purposes.

ii. You may make copies and retain the whole or any entire part of any of the six Sections that together make up the Collection on any of your computer hard drives or other electronic retrieval devices so long as the computers or other devices remain under your immediate personal control and are used only for your private, non-commercial purposes.

iii. You may make hard or digital copies of any entire file or combination of entire files found within the Collection (the files) and distribute such copies to other persons for their own private, personal, non-commercial use, on condition that the file or files are copied to the same standard of quality and distributed at no cost whatsoever to the recipient and are complete in themselves and not altered in any way, and that the origins of the files are correctly represented by retention of all given reference(s) therein to The Midnight Cry, it’s logos, marks and website, www.williambranhamstorehouse.com

iv. You may purchase as many sets as you desire of the Collection in order to give entire sets to other persons such as friends, relatives or other private individuals providing that the Collection is not bundled or associated in any way with or as part of any other service or product, and that such giving is done at no cost to the recipient whatsoever.

v. You may not advertise to the public, swap, make gain from, sell or resell the whole or any part of the Collection or any content or files contained therein.

vi. You may not reproduce any file or files as permitted by this License Agreement under cover of or in association with the same or any similar artwork or logo to that which pertains to the Collection or to the Midnight Cry, nor use, copy or otherwise reproduce the “Cometh’ logo or the artwork appearing on or within the Collection or directly or indirectly cause any similar artwork, logo or URL to be created.

vii. Background clauses A – D are to be read as part of this License Agreement.

c) You agree that you will only use the Collection or any content thereof in a manner that complies with all applicable laws in the jurisdictions in which you use the material, including, but not limited to, applicable restrictions concerning copyright and other intellectual property rights.

d) The sermons of Rev. W. M. Branham, whether in audio or textural format, are in the public domain as established in 1969 by A. David Mamalis of Glendale, AZ., by way of his copyright No A59483 protecting his "Index and Classification of Sermons by Rev. W. M. Branham."

2. RIGHTS.

This License Agreement gives you no rights to as to title, ownership and/or intellectual property rights in and to the Collection that are vested in The Midnight Cry Group or other parties as set out above and by accepting the terms of this license, you agree to use the materials only for the furtherance of the Gospel of Christ and never for the purpose of causing harm either directly or indirectly to other persons including the Midnight Cry Group members, employees or contractors.

3. TERMINATION.

This License Agreement will automatically terminate without notice if you fail to comply with any term or condition hereof. You may also terminate this License Agreement at any time by notifying The Midnight Cry Group of termination in writing to it’s last email address advised on it’s website. Upon any termination of this License Agreement, you must immediately discontinue use of the Collection and certify destruction of all full or partial copies of the Collection or any part thereof in your possession or control. If any portion of this License Agreement is deemed invalid or unenforceable under any particular circumstance, the balance of the section is intended to apply and the section as a whole is intended to apply in other circumstances. Your obligation to pay accrued charges and fees shall survive any termination of this License Agreement.

4. AGREEMENT

Because there is no provision for you to sign this License, your acceptance of the License Agreement and it’s terms and conditions will be confirmed by your purchasing, accessing or using any part of the content of the Collection. Please note that the authors and/or publishers of certain software program files included in the Collection have subjected the use of their material to terms and conditions outside of this License Agreement.

Please note;

The intention of the License above is to allow you to copy any part or all of the William Branham Storehouse Collection for non commercial private purposes, providing the copies are unaltered and made to the same standard of quality. You may give the copies to any private person so long as you do this for free, and do not advertise to the public. You must not associate the copies you make with any other product or use any artwork or name that is the same or similar to that contained within or associated with the Collection. This summary does not modify your obligations under the License Agreement.

If any person can show that they hold copyright to any material within the William Branham Storehouse Collection and require specific attribution that has not already been given or with the exception of the purposes of the doctrine of fair use, do not wish to see the material made available as a part of this Collection, kindly advise the Midnight Cry Group via the contact webform on this website so that we can respond appropriately.

It was not possible to copyright sound (audio) recordings (including religious sermons) in the USA prior to February 15, 1972 under Federal Law. The necessary legislation did not exist before then.

Many US States had their own legislation that could be used to protect ownership rights of sound recordings fixed before February 15, 1972 and owners could similarly appeal to common law for protection but these did not extend to enabling Federal copyright to be established. The State laws varied from State to State.

The following terms and conditions (“Terms and Conditions”) govern all sales and purchases made through The Midnight Cry Group’s (“us”, “we” or “our”) website (“our Site”) via the Internet. By visiting and/or using our Site you acknowledge that you agree to be bound by these terms and conditions and comply with all applicable laws and regulations. Please do not use this site if you do not accept to be bound by the Terms and Conditions found on our website.

Intellectual Property

Our Site has been created for your personal and non-commercial use only. Ownership of all the intellectual property elements of The Midnight Cry Group, our Site and our products remain with The Midnight Cry Group at all times unless stipulated otherwise. This includes (but is not limited to) our Site, the products, all literary works, artistic works, photographs and trademarks. Users of our Site are strictly prohibited from using, reproducing, modifying, interfering, or distributing any contents or elements of our Site in any other websites, electronic retrieval systems, publications or any other works without our prior written consent.

Disclaimer

The Midnight Cry Group does not accept any responsibility for any inconvenience, damage or loss as a result of accessing / using our Site. This includes (but is not limited to) interrupted access, changes to your hardware to enable you to access our Site, computer viruses or external intrusion caused by unauthorized third party access / amendments to our Site.

Law & Jurisdiction

The jurisdiction clause contained in this Agreement is made for the benefit of The Midnight Cry Group and all Terms and Conditions governing our Site and any matters relating to our Site will be governed by the laws of that country to be determined at the sole discretion of The Midnight Cry Group as and when required. You also agree to submit to the exclusive jurisdiction of the courts of such country.

Changes to our General Terms and Conditions

We reserve the right to modify these General Terms and Conditions from time to time without notice and at our full discretion. By accepting to be bound by these General Terms and Conditions you agree to be and are bound by any future changes to these General Terms and Conditions. It is your responsibility to check our General Terms and Conditions and the Terms and Conditions governing the use of the William Branham Storehouse Collection on a regular basis to familiarise yourself with our current version of our overall Terms and Conditions.

See also the separate pages of this website entitled;

Dispatch Claims Warranty

TERMS AND CONDITIONS - GENERAL

Religious sermons by their very nature are intended to inform, uplift, and encourage the hearers to tell others of the good news delivered by the speaker. In Brother Branham’s case, his sermons were not created under obligation or at the behest of any Church or organization, but came about as he was inspired by the Holy Ghost to deliver the sermons for the edification, instruction and unfettered use, of any and all who would listen.

Brother Branham’s sermons were first of all spoken in public and over many years and without exception, he never once gave notice or took any action to claim or protect his rights deriving from legal authorship and never sought reward (including Church offerings) for his labors to bring us the Message, or restricted or placed conditions upon any and all who desired to record his sermons as they were spoken. Therefore the manner of delivery showed his intentions that both the recordings and the underlying text should be in the Public Domain, i.e., in general public ownership, to belong to the people at large, thus making them unavailable for exclusive franchising or copyright protection by anyone.

Public Domain status extends to include all derivative works such as ‘cleaned up’ audio recordings, transcriptions and translations. Brother Branham's sermons are free of restrictions and no one has any legitimate basis upon which to prevent anyone from using or copying and sharing or owning copies of the sermons of Brother William Branham such as those contained within the William Branham Storehouse Collection. Public Domain status similary entitles and protects all those persons with whom you may wish to share the sermons. Please note that the copyright by the Midnight Cry Group does not apply to the sermons themselves or any derivative works. ….. read more