Terms of Service
Last Updated: 4/2/2012
Welcome to ChurchLink which is owned and operated by ChurchLink, LLC (“ChurchLink”, “we” or “us”). Please read these terms of service (These “terms of service”) carefully. ChurchLink, LLC provides a platform to enable churches, organizations, groups, affinity groups, ministries and individuals to manage their content through the ChurchLink mobile applications, as well as related hosting and support services (“Service”). By using the ChurchLink web site (“Site”) and/or the Service, you are agreeing to be bound by the following terms and conditions (“Terms of Service”).
ChurchLink, LLC reserves the right to change or modify any provisions of these Terms of Service, and any policies or guidelines governing your use of the Site, at any time in our sole discretion and without liability to you. Any such changes or modifications will be effective immediately upon posting of revisions on the Site, and you waive any right you may have to receive specific notice of such changes or modifications. Your continued use of the Site or the Interactive Areas following the posting of such changes or modifications constitutes your acceptance thereof. Therefore, you should frequently review these Terms of Service and all applicable policies or guidelines on the Site in order to understand the terms and conditions applicable to your use of the Site or the Interactive Areas. If you do not agree to any changes or modifications to these Terms of Service or to any applicable policies or guidelines on the Site, your sole recourse is to stop using the Site and the Interactive Areas. Violation of any of the terms below will result in the termination of your Account. You agree to use the Service at your own risk and subject to the terms set forth below.
- You must be 13 years or older to use this Service and open a subscription. (“Subscription”).
- You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
- You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process to open an Account.
- You are responsible for maintaining the security of your Account and password. ChurchLink, LLC cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
- You are responsible for all text, data, graphics, images, photos and video files posted on the Site (“Content”) and activity that occurs under your Account Subscription(even when Content is posted by others who have access to your Account).
- You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright and privacy laws).
PAYMENTS AND REFUND TERMS
- A valid credit card is required unless invoice billing has been established.
- Automated billing will be established at the time of subscription, your credit card will be automatically billed unless subscription has been canceled or invoice billing has been established.
- The Service is billed in advance on a monthly, semi-annually or annual basis and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open subscription. Exceptions will only be authorized by account managers.
- All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.
- If invoiced, payment is due upon receipt.
CANCELLATION AND TERMINATION
- You are solely responsible for properly canceling your Account and Subscription. Account cancellation requests must be submitted in writing to email@example.com or canceled through your account subscription page (Content Management System) on www.churchlinkapp.com. Cancellations by phone or sent to any other email address will not be considered valid.
- All of your Content will be deleted from the Service upon cancellation. This information cannot be recovered once your Account is cancelled.
- If your subscription or Account is suspended due to declined credit card payment, or payment lapse we will make reasonable attempts to contact you. Your content will be saved until your Account is truly canceled.
- If you cancel your subscription before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again.
- ChurchLink, LLC, in its sole discretion, has the right to suspend or terminate your Account and refuse any and all current or future use of the Service, or any other ChurchLink services, for any reason at any time. The reasons we might do this include your violation of these Terms of Service. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account.
- ChurchLink, LLC reserves the right to refuse service to anyone or any organization for any reason at any time.
MODIFICATIONS TO THE SERVICE AND PRICES
- ChurchLink, LLC reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without prior notice.
- Prices for the Service, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 14 days notice from us. Such notice may be provided at any time by posting the changes to the Site or via the Service itself.
- ChurchLink, LLC shall not be liable to you or to any third party for any of the actions or inactions of its third party business partners regarding modification, price changes, suspension or discontinuance of the services of such third party business partners which work or integrate with the Service.
- From time to time, ChurchLink, LLC may issue an update to the Service which may add, modify, and/or remove features from the Service. These updates may be pushed out automatically with little or no notice, although ChurchLink, LLC will make commercially reasonable efforts to notify you in advance of an upcoming update, including details on what the update includes.
LICENSE GRANT, COPYRIGHT AND CONTENT OWNERSHIP
- ChurchLink, LLC claims no intellectual property rights over your Content. Your profile and materials uploaded by you remain yours. However, by using the Service to create your account and subscription, you agree to allow others to view and share your Content via the ChurchLink mobile application and website.
- ChurchLink, LLC does not pre-screen Content, but ChurchLink, LLC and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service.
- The Site and the Service, including their “look and feel” are protected by copyright, trademark, and other laws of the United States and foreign countries. ChurchLink, LLC exclusively owns all right, title and interest in and to the Site and the Service, Mobile Application, including all associated intellectual property rights. Without limiting the foregoing, you may not duplicate, copy, or reuse any portion of the HTML/CSS or visual design elements of the Site or the Service without express written permission from ChurchLink, LLC.
You and your Account Administrators must abide by all applicable privacy laws and regulations, and by the terms and conditions set forth by the applicable Provider.
- You agree that you will not post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is targeted to children or may be deemed “directed to children” as the term is defined under Children’s Online Privacy Protection Act of 1998; (v) is defamatory, obscene, pornographic, vulgar or offensive; (vi) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vii) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (viii) promotes illegal or harmful activities or substances.
- You acknowledge that ChurchLink, LLC has no obligation to monitor your access to or use of the Site or Service, or to review or edit any Content, but has the right to do so for the purpose of operating the Site and Services, to ensure your compliance with these Terms of Service, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. ChurchLink, LLC reserves the right, at any time and without prior notice, to remove or disable access to any Content and Accounts we determine in our sole discretion to be in violation of these Terms or otherwise harmful to the Site or Service.
- You understand that ChurchLink, LLC uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
- You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, or any other ChurchLink service.
- You agree not to reproduce, duplicate, copy, reverse engineer, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by ChurchLink, LLC.
- Verbal, physical, written or other abuse (including threats of abuse or retribution) of any ChurchLink, LLC customer, employee, member, or officer will result in immediate Account termination.
- You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
- You must not upload, post, host, or transmit unsolicited email, SMSs, or “spam” messages.
- You must not transmit any worms or viruses or any code of a destructive nature.
Your use of the Service is at your sole risk. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. CHURCHLINK, LLC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, RELATING TO THE SITE, SERVICES, CONTENT AND USER SUBMISSIONS, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, COURSE OF DEALING OR COURSE OF PERFORMANCE. ChurchLink, LLC does not warrant that (i) the Service will meet your specific requirements, (ii) the Service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations, and (v) any errors in the Service will be corrected.
You agree to defend, indemnify, and hold ChurchLink, LLC, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable attorney’s fees and costs, arising out of or in any way connected with (i) your access to or use of the Site or the Service; (ii) your violation of these Terms of Service; or (iii) your violation of any third party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right by you or your Subscription.
LIMITATION OF LIABILITY
You expressly understand and agree that ChurchLink, LLC shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if ChurchLink, LLC has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the Service; (v) or any other matter relating to the Service. In no event shall ChurchLink, LLC’s liability to you exceed the amount actually paid to ChurchLink, LLC by you during the preceding 12 months.
These Terms of Service and any action related thereto will be governed by the laws of the State of Ohio without regard to its conflict of laws provisions.
The failure of ChurchLink, LLC to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and ChurchLink, LLC and govern your use of the Service, superseding any prior agreements between you and ChurchLink, LLC (including, but not limited to, any prior versions of the Terms of Service). If for any reason a court of competent jurisdiction finds any provision of these Terms of Service invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms of Service with remain in full force and effect.
You acknowledge and agree that you are each waiving the right to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, more than one person’s claims may not be consolidated under any circumstances, in any form of any class or representative proceeding or otherwise.
CONTACTING CHURCHLINK, LLC: SUPPORT
Questions about the Terms of Service should be sent to firstname.lastname@example.org.