End User Licensing Agreement and Terms Of Use

  in Uncategorized - March 22, 2016

End User Licensing Agreement and Terms Of Use

Last Updated / Effective Date: December 8, 2015

Summary

By using the “Generous: Prayer” service through our “Generous: Prayer” mobile application (the “App”), you acknowledge that you have read and agree to be bound by the following Terms of Use (the “Terms”) and our Privacy Policy, and that you are 13 years of age or older. Nothing in these Terms may be construed to create or confer any rights on third party beneficiaries. If you do not agree to any of the terms and conditions set forth herein, you may not use the “Generous: Prayer” service or the App.

Eligibility and Registration

If you choose to create an account with “Generous: Prayer” and become a member, you will be asked to provide an email address, phone number, date of birth and password or setup an account through a third party system such as Facebook or Twitter. “Generous: Prayer” will ask you to provide certain personal information, such as first name, last name, and email address, in creating your user profile. Once created, the user profile will be viewable by the general public. (You may, however, disable this option via your profile settings). You are responsible for all activities occurring under your email address and for keeping your password secure. “Generous: Prayer” may refuse to grant you access with a login that (i) impersonates someone else, (ii) may be protected by trademark or proprietary rights law, or (iii) is vulgar, offensive or otherwise inappropriate, as determined by “Generous: Prayer” in our sole discretion. Any attempt to access restricted areas without authorization is prohibited. You agree that if you become aware of any unauthorized use of your password or other security breach, you will notify “Generous: Prayer” immediately.

“Generous: Prayer” and our associated charitable organization, Radical Advocacy, have access to all information you submit to the App. If you create an account with us, “Generous: Prayer” may send a monthly newsletter, system messages pertaining to account information, and other communications to your email. You may opt out of the monthly newsletter by adjusting the settings in your user account.

This site is intended solely for individuals 13 years of age or older. Any use or access of the site from users under 13 is strictly prohibited. “Generous: Prayer” will terminate the membership of any such users and will work in good faith to remove any content they may have contributed to the App.

“Generous: Prayer” by its nature is a mobile application to facilitate generous thinking, in regards to prayer. By the nature of the online and social format, prayer requests are shared according to the permissions each user gives each prayer request, “Generous: Prayer” will keep your data reasonably safe according to the accepted standards of data security, however, data should be treated carefully by each user, with the understanding that the site is a public forum, therefore, privacy is not implicitly or explicitly guaranteed.

Term and Termination

These Terms apply to your use of the “Generous: Prayer” service and the App at all times, irrespective of whether you register as a member. Once you become a member, your membership may be terminated by “Generous: Prayer” at any time and for any reason. After your membership terminates, you may not use the “Generous: Prayer” services that are available only to members. Our proprietary rights, disclaimer of warranties, indemnities, limitations of liability and miscellaneous provisions survive any termination of your membership.

Appropriate Conduct and Content

We make the “Generous: Prayer” service available for personal, noncommercial use. No one may use the “Generous: Prayer” service or the App for any commercial purpose without our prior written consent.

You may not use the “Generous: Prayer” service or the App for any illegal or unauthorized purpose. While using the App, you must comply with all applicable domestic and international laws, statues, ordinances, and regulations. International users must comply with all local rules regarding online conduct and acceptable content, including laws regulating the export of data from the United States or your country of residence. You are solely responsible for your conduct and any data, text, information, photos, sound, logos, symbols, videos, graphics, links, and other content (“Materials”) that you submit, post, and display on the App. The information, ideas, or opinions posted by the users of the App do not necessarily reflect our views. “Generous: Prayer” will seek to remove or edit, with or without notice to you, any Materials that “Generous: Prayer” deem to be unlawful, obscene, or in violation of these Terms. “Generous: Prayer” may, but are not obligated to, remove any other Materials that “Generous: Prayer” determines in our sole discretion are fraudulent, threatening, libelous, defamatory, or otherwise objectionable, or infringe or violate any party’s intellectual property or other proprietary rights. Our failure to block or remove any Materials, however, is not a warranty, endorsement, representation, or guarantee regarding such Materials. You have sole responsibility for your Materials and the consequences of posting Materials to the App.

While using the “Generous: Prayer” service and the App, you must avoid engaging in any conduct that:
is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, or contains explicit or graphic descriptions or accounts of sexual acts;
encourages conduct that would constitute a criminal offense or that gives rise to civil liability;
violates or infringes the rights of others including, without limitation, patent, trademark, trade secret, copyright, publicity or other proprietary rights;
victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
impersonates any person, business or entity, including “Generous: Prayer” and its employees and agents;
violates these Terms or any other policy posted on the App; or
interferes with the use of the App by others.

Proprietary Rights

The App and its contents are protected by copyright as a collective work and/or compilation, in accordance with U.S. copyright laws, international conventions, and other copyright laws. The contents of the App are only for your personal, noncommercial use. Except as expressly authorized by us, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any of our proprietary information, which includes all postings and photos on the App. By submitting, posting, or displaying any Materials on or through the App, you automatically grant “Generous: Prayer” a worldwide, perpetual, nonexclusive, royalty-free license to use in any fashion such Materials. “Generous: Prayer” retain all intellectual property rights in the software, tools, designs, documentation, data, and any other materials developed or provided by “Generous: Prayer” on the App, including without limitation the services and any data, text, pictures, sound, graphics, logos, markets, symbols, video, visual, oral, or other digital material and any other content of any description.

The name “Generous: Prayer”, the “Generous: Prayer” logo, tagline and “GenerousPrayer.org” are trademarks of Radical Advocacy, and you may not use any of those marks without our prior written consent.

Links to Other Apps and Content

We may include links to third-party Apps. Some of these sites may contain materials that are objectionable, unlawful, or inaccurate. These links do not mean that “Generous: Prayer” endorses these third-party sites or services. You acknowledge that “Generous: Prayer” is not responsible or liable for any content or other materials on these third-party sites. Any dealings that you have with advertisers found on the App are between you and the advertiser and you acknowledge that “Generous: Prayer” is not liable for any loss or claim you may have against an advertiser.

Changes to the “Generous: Prayer” Service or the App

We may change, suspend or discontinue any aspect of the “Generous: Prayer” service or the App at any time, including the availability of any feature, database, or content. “Generous: Prayer” may also impose limits on certain features and services or restrict your access to parts or all of the App without notice or liability.

Disclaimer of Warranties

We disclaim any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or materials displayed on the App. “Generous: Prayer” also disclaims any and all responsibility and liability for the conduct of any member.

Assumption of Risk

We provide the “Generous: Prayer” service, the App, and all materials, information (including, without limitation, any information or materials obtained or accessed through the “Generous: Prayer” services), products and services included therein on an “as is” basis, with no warranties whatsoever. “Generous: Prayer” expressly disclaims to the fullest extent permitted by law all express, implied, and statutory warranties, including without limitation the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights. Some states do not allow the exclusion or limitation of implied warranties, so the preceding disclaimers and exclusions may not apply to you.

Your use of the “Generous: Prayer” service is entirely at your own risk.

Hold Harmless and Indemnity

You will hold harmless and indemnify “Generous: Prayer” from and against any third-party claim arising from or in any way related to your use of the “Generous: Prayer” service or the App, including without limitation any liability or expense arising from any claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature.

Limitation of Liability

Under no circumstances will “Generous: Prayer” be liable to you for any indirect, incidental consequential, special, or exemplary damages arising out of or in connection with use of the “Generous: Prayer” service or the App, whether or not “Generous: Prayer” have been advised of the possibility of such damages. Such limitation of liability applies (i) whether the damages arise from use or misuse of and reliance on the “Generous: Prayer” service, from inability to use the “Generous: Prayer” service, or from the interruption, suspension, or termination of the “Generous: Prayer” service (including such damages incurred by third parties), (ii) notwithstanding any failure of essential purpose of any limited remedy, and (iii) to the fullest extent permitted by law. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the preceding limitations and exclusions may not apply to you. Additionally, under no circumstances will “Generous: Prayer” be liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond our reasonable control, including without limitation Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, nonperformance of third parties, or loss of or fluctuations in heat, light, or air conditioning.

Changes to the Terms of Service

We reserve the right to modify or terminate the “Generous: Prayer” service or the App for any reason, and without notice, without liability to you or any third party. “Generous: Prayer” also reserve the right to modify these Terms with concurrent notice on the App. You are responsible for regularly reviewing these Terms of Service so that you will be apprised of any changes. Your continued use of the App following any changes to these Terms is your agreement to the changes and you are bound by the then-current version of these Terms. If any changes to these Terms are unacceptable to you, you must cease use of the App.

Notices

“Generous: Prayer” may provide you with notices regarding the “Generous: Prayer” service, the App, or these Terms by regular mail, email, or postings to the App.

Designated Agent to Receive Notifications of Copyright Infringement Under the Digital Millennium Copyright Act (“DMCA”)

In accordance with the United States Digital Millennium Copyright Act (“DMCA”) and the Online Copyright Infringement Liability Limitation Act (“OCILL”), 17 U.S.C. §§101, 512, “Generous: Prayer” hereby serves the following DMCA/OCILL Notice to users of the “Generous: Prayer” service or App that:
“Generous: Prayer” has designated an agent to receive notices from copyright owners about alleged infringements by users of the App and send notices to the App users who post or send allegedly infringing material;
“Generous: Prayer” has registered the App with the U.S. Copyright Office as an online service provider, including the name and address of the designated agent;
“Generous: Prayer” has adopted a policy of terminating access to the App by users who are repeat copyright infringers;
“Generous: Prayer” accommodates and does not interfere with standard technical measures used by copyright owners to identify and protect copyrighted works, including but not limited to, digital watermarking; and
Upon receiving proper notification of an alleged infringement by a App user, “Generous: Prayer” shall expeditiously take down or block access to the copyrighted material.
“Generous: Prayer” has designated the following person to serve as Generous: Prayer’s agent to receive notifications of claimed copyright infringement in accordance with the DMCA and OCILL:
Name: Mark Stephan

E-mail address: mstephan@radicaladvocacy.org

General Provisions

These Terms constitute the entire agreement between you and “Generous: Prayer” with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. You will not assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without our prior written consent. Any such purported assignment or delegation will be null and void and of no force or effect. Any waiver of any provision of these Terms by a party will be effective only if in writing and signed by a party.

These Terms are governed by and construed in accordance with the laws of the State of Texas, without giving effect to its conflict-of-laws provisions. In any dispute regarding the “Generous: Prayer” service, the App, or these Terms, you will submit to the personal and exclusive jurisdiction of the federal and state courts sitting in the Travis County courts of Texas. You must commence any cause of action you may have with respect to your use of the “Generous: Prayer” services or the App within one year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms to be unenforceable, the remainder of the Terms will continue in full force and effect.


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