1. The content of the Site or the App and courses available on the Site or the App is for your general information and use only. It is subject to change without notice.
2. Your use of any information or materials on the Site or the App is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this Site or the App meet your specific requirements. Verifying the accuracy of the content posted to the Site or the App or shared with your subscribers is your responsibility and the Site or the App is not liable for any of the content. THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE COMPANY DOES NOT REPRESENT OR WARRANT THAT CONTENT ON THE SITE OR VIA THE APP PROVIDED IS ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE.
3. By submitting, downloading, uploading or sharing photos, sermons, videos, testimonials, prayer requests and other information, disclosing, or offering any photograph, image, video, “favorites” list, comments, feedback, postcards, suggestions, ideas, notes, concepts, and other information, content or material, or other item (each a “Submitted Item”) to the Site or the App the Company, either online or offline, whether or not solicited by the Company, you hereby grant to the Company an irrevocable, nonexclusive, perpetual, worldwide, royalty-free right and license to use, display, publicly perform, modify, reproduce, publish, distribute, make derivative works of, sublicense, and otherwise commercially and non-commercially exploit your Submitted Items and all copyright, trade secret, trademark, or other intellectual property rights therein, in any manner or medium now existing or hereafter developed (including but not limited to print, film, or electronic storage devices), and the exclusive right to use, display, publicly perform, modify, reproduce, publish, distribute, make derivative works of, sublicense, and otherwise exploit all such materials on commercial websites, without compensation of any kind to you or any third party. You hereby represent and warrant (A) you have all necessary right, power, and authority to grant the license set forth herein to your Submitted Item, and (B) your Submitted Item does not violate, misappropriate, or infringe any copyright, trade secret, trademark or other intellectual property right of any third party. You will take, at the Company’s expense, any further action (including, without limitation, execution of affidavits and other documents) reasonably requested by the Company to effect, perfect, and confirm the license granted to the Company to your Submitted Item as set forth herein. Publication or use of any Submitted Items is at the sole discretion of the Company and the Company is under no obligation to publish or use any Submitted Item. If your Submitted Item is published, used and/or posted on the Web site or otherwise used by the Company, we may include your name, likeness, photo or biographical information in conjunction with such publication, posting are use. By submitting, disclosing, or offering a Submitted Item, you hereby grant the Company the right to use your name in connection with the publication, use or posting of your Submitted Item. You must include your full name and e-mail address with your Submitted Item so we can contact you if we have any questions about your Submitted Item.
4. The trademarks, designs, copyrights, logos and service marks ("Marks") displayed on the Site and the App are the property of the Company. You are prohibited from using any Marks for any purpose including, but not limited to use as metatags on other pages or Sites on the World Wide Web without the written permission of the Company or such third party, which may own the Marks. All information and content located on the Site or the App is protected by copyrights. You are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any Content available on or through the Site or the App for commercial or public purposes. Unauthorized use of the Site or the App may give rise to a claim for damages and/or be a criminal offence.
5. The Site or the App’s and the Company’s relationships with its Account Holders are solely Independent Contractor Relationships. Each Account Holder’s relationship with the Site or the App and the Company is that of an independent contractor, and nothing in this Notice and Agreement is intended to create, nor should be construed as creating, a partnership, agency, joint venture, or employment relationship. Each Account Holder will pay its own expenses, including those relating to insurance coverage, legal liability, and taxes. If an Account Holder has its own employees, it is solely responsible for paying for their benefits. Account Holders will not be entitled to any of the benefits, which the Site or the App or the Company may make available to its employees, including, but not limited to: group health or life insurance, profit-sharing or retirement benefits. Each Account Holder is not authorized to make any representation, contract or commitment on behalf of the Site or the App or the Company unless specifically requested or authorized in writing to do so by a manager of the Company. Each Account Holder is solely responsible for, and will file, on a timely basis, all tax returns and payments required to be filed with, or made to, any federal, state, or local tax authority with respect to the performance of services and receipt of fees under this Notice and Agreement or through the Site or the App. Each Account Holder is solely responsible for and must maintain adequate records of expenses incurred in the course of performing services under this Notice and Agreement. No part of the Account Holder income will be subject to with holding by the Site or the App or the Company for the payment of any social security, federal, state, or other employee payroll taxes. The Company will regularly report amounts paid to Account Holders by filing Form 1099-MISC with the Internal Revenue Service as required by law. Each Account Holder will indemnify, defend, and hold harmless the Company and its directors, officers, and employees from and against all taxes, losses, damages, liabilities, costs, and expenses, including attorney's’ fees and other legal expenses, arising directly or indirectly from or in connection with: (a) any negligent, reckless, or intentionally wrongful act of the Account Holder or Account Holder’s assistants, employees, or agents, (b) any breach by the Account Holder or Account Holder’s assistants, employees, or agents of any of the covenants, warranties, or representations contained in this Notice and Agreement, (c) any failure of the Account Holder in its submissions in accordance with all applicable laws, rules, and regulations, or (d) any violation or claimed violation of a third party’s rights resulting in whole or in part from the Company’s use of the work product of Account Holder under this Notice and Agreement.
6. The Account Holder’s pricing structure can be found here: http://www.churchnexus.com/pricing.Once the maximum number of subscribers has been exceeded, the Account Holder will automatically be moved up into the next pricing tier. Account Holders will be given written notice once a month for three months beginning with the anniversary of the request of the first subscriber in the next price-tier causing your move to the next pricing level. Account Holders will have the option to opt-out with 30-days written cancellation notice to the Company by certified mail. If no opt-out is received, the auto-increased fee will continue. At the time of termination, the Company in its sole discretion may issue a refund check prorated from the date of cancellation retroactive to the automatic price increases, not to exceed 90 days prior to the date of receipt of written cancellation notice.
11. The Site and the App will also utilize other third party service providers (the “Third Party Service Provider(s)”). You hereby consent and authorize us to delegate the authorizations and share the information you provide to us with our Third Party Service Provider(s). Third Party Service Provider(s) will be utilized at the discretion of the Company.
12. This Site and the App provides links to other Site or the Apps by allowing you to leave this Site or the App to access third-party material or by bringing third-party material into this Site or the App via “inverse” hyperlinks and framing technology (a “Linked Site”). The Company has no discretion to alter, update, or control the content on a linked Site or the App. The fact that the Company has provided a link to a Site or the App is not an endorsement, authorization, sponsorship, or affiliation with respect to such Site or the App, its owners, or its providers. There are inherent risks in relying upon, using or retrieving any information found on the internet, and the Company urges you to make sure you understand these risks before relying upon, using, or retrieving any such information on a linked Site or the App.
13. All content, products and services on the Site and the App, or obtained from a third party service provider to which the Site or the App is linked (a “linked Site”) are provided to you “AS IS” without warranty of any kind either express or implied including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose, title, non-infringement, security or accuracy. The Company DOES NOT REPRESENT OR WARRANT THIS WEB SITE OR APP OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE YOUR USE OF THE WEB SITE OR APP AND CONTENT IS AT YOUR SOLE RISK.
14. The Company does not endorse and is not responsible for (a) the accuracy or reliability of an opinion, advice or statement made through the Site by any party other than the Company, (b) any content provided on linked Sites or (c) the capabilities or reliability of any product or service obtained from a linked Site. Other than as required under applicable consumer protection law, under no circumstance will the Company be liable for any loss or damage caused by your reliance on information obtained through the Site, the App or a linked Site, or your reliance on any product or service obtained from a linked Site. It is your responsibility to evaluate the accuracy, completeness or usefulness of any opinion, advice or other content available through the Site or the App, or obtained from a linked Site. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific opinion, advice, product, service, or other content.
15. The information, software, products and descriptions of services published on the Site or the App or a linked Site may include inaccuracies or typographical errors, and the Company specifically disclaims any liability for such inaccuracies or errors. The Company does not warrant or represent that the content on the Site or the App is complete or up-to-date. The Company is under no obligation to update the content on the Site or the App. The Company may change the content on the Site or the App at any time without notice. The Company may make improvements or changes to the Site or the App at any time.
16. You agree that The Company, its affiliates and any of their respective officers, directors, employees, or agents will not be liable, whether in contract, tort, strict liability or otherwise, for any indirect, punitive, special, consequential, incidental or indirect damages (including without limitation lost profits, cost of procuring substitute service or lost opportunity) arising out of or in connection with the delay or inability to use the Site or the App or a linked Site, or with the delay or inability to use the Site or the App or a linked Site, even if the Company is made aware of the possibility of such damages. This limitation on liability includes, but is not limited to, the transmission of any viruses which may infect your equipment, failure of mechanical or electronic equipment or communication lines, telephone or interconnect problems (e.g., you cannot access your internet service provider), unauthorized access, theft, data loss, operator errors, strikes or other labor problems or any force majeure. The Company cannot and does not guarantee continuous, uninterrupted or secure access to the Site or the App.
17. It is your exclusive obligation to maintain and control passwords to your account. You are exclusively responsible for all activities that occur in connection with your user name and password. You agree to immediately notify The Company of any unauthorized uses of your user name and password or any other breaches of security. The Company will not be liable for any loss or damages of any kind, under any legal theory, caused by your failure to comply with the foregoing security obligations or caused by any person to whom you grant access to your account.
18. Your use of the Site or the App and any dispute arising out of such use of the Site or the App is subject to the laws of King County Washington, United States of America and applicable federal law without regard to conflicts of laws principles.
User Conduct – This Web site might include discussion forums or other interactive areas, including, but not limited to, bulletin boards, and photo storage and forum areas. All such forums and interactive areas shall be used only for non-commercial purposes. You are solely liable for any material you upload or transmit to the discussion forums or interactive areas of this Web site. You agree that you are responsible for all data charges you incur through use of the Service. You are solely responsible for your interaction with other users of the Service, whether online or offline. When using the Site and its forums you agree not to use the Web site to do any of the following:
1. Upload, post, e-mail, transmit, distribute or otherwise publish any message, information, text or other material (“Material”) that may be considered to be unlawful, harmful, libelous, tortious, defamatory, obscene, vulgar, pornographic, indecent, lewd, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, hateful, or racially, ethnically or otherwise objectionable;
2. Upload or transmit any Material that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law;
3. Upload, e-mail, transmit, or otherwise make available any Material that might infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any party;
4. Impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity;
5. Without ChurchNexus's written permission, distribute, publish, or make available any unsolicited or unauthorized promotions, advertising or solicitations for funds, goods or services, including junk mail, spam, and chain letters;
6. Harm minors in any way; or
7. Upload, post, e-mail, transmit, or otherwise make available any Material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment.