FOR END USERS July 2016
You acknowledge that this Agreement is contractually binding, even if it is electronic and is not physically signed by either party.
The Service allows you to use an interactive community application (“Application”) created by the Company on behalf of a church or similar social organization (“Organization”). This Application may run on a variety of platforms (“Platforms”) including but not limited to iOS, Android, Windows, and Mac, as offered by the Company.
The Application is made available for your own, personal use. You must not use the Application for any commercial, illegal, or unauthorised purpose. When you use the Application, you must comply with the laws of Singapore, and any applicable international laws, including laws in your country of residence (together, “Applicable Laws”).
You agree to indemnify the Company and the Organization against any loss, damage, costs or expenses which they suffer or incur directly or indirectly as a result of your use of the Application otherwise than in accordance with these Terms or Applicable Laws.
The trademarks, service marks, and logos (“Trade Marks“) contained on or in the Application are owned by the Company, the Organization, or their third party partners. You cannot use, copy, edit, vary, reproduce, publish, display, distribute, store, transmit, commercially exploit or disseminate the Trade Marks without the prior written consent of the Company, the Organization or the relevant third party.
Users of the Application may post links to third party content (“Third Party Content”) through normal use of the Service. You acknowledge that neither the Company nor the Organization monitor or have any control over any Third Party Content, and therefore neither the Company nor the Organization make any guarantee as to its accuracy or completeness, or accept any responsibility whatsoever for its content. You acknowledge that by accessing Third Party Content, you may be exposed to content that you may find offensive, indecent, or objectionable, and you do so at your own risk.
If you provide us with any feature requests, comments, suggestions or other feedback ("Feedback"), you agree that such Feedback is provided on a non-proprietary and non-confidential basis, and grant us a perpetual, non-exclusive, worldwide, fully paid-up, irrevocable license to incorporate, disclose, and use without limitation the Feedback for any purpose.
The Company reserves the right to suspend or cease providing any services relating to the Application, with or without notice, and shall have no liability or responsibility to you if it chooses to do so.
You may amend your Personal Information at any time, either through mechanisms provided in the Application, or by emailing email@example.com.
The Service allows you to post content (“Content”) in the Application. By posting Content, you grant the Company and the Organization a perpetual, irrevocable, worldwide, royalty-free, freely transferable and sublicensable (through unlimited levels of sublicense) non-exclusive right to create derivative works of, use, reproduce, modify, transmit, publish, publicly display and distribute such Content and derivative work. You represent and warrant that:
You hereby waive any moral rights you may have in such Content under the laws of any jurisdiction. We may (but are not obligated to) display your Content, including your actual name.
Although the Company will make commercially reasonable efforts to securely store any Content you create, you acknowledge that neither the Company nor the Organization provide any warranty whatsoever on the security or reliability of that Content, and that you should therefore save any Content to alternative storage solutions. Neither the Company nor the Organization will be liable for any breach or loss of Content.
You agree that you will not post any Content that is offensive or in violation of the intellectual property rights of others. Officers of the Company or the Organization may remove any Content which, at either party’s discretion:
In accordance with applicable copyright legislation, the Company will, in appropriate circumstances and at the Company's sole discretion, terminate access to those who are deemed to be repeat infringers and provide your Personal Information to relevant authorities or copyright holders where required to do so by law.
The Service permits you to upload images, videos, audio files, and other files ("Media Content") which may be accessed by other Users. Officers of the Company or the Organization may remove any Media Content at any time, for any reason.
The Company may attempt to screen Media Content for viruses and harmful components, but we do not represent or warrant that Media Content will be free of viruses or other harmful components. We strongly advise you to install and use industry-leading virus protection software.
You may not use the Service if you are under 13 years of age. If we discover that you are under 13, we will immediately deactivate your account, and endeavour to delete your Personal Information and any Content you have shared.
If you are aged 13 to 18, you should obtain permission from your parents or guardians to use the Service, and advise them to direct any questions or concerns they might have to firstname.lastname@example.org.
You may terminate this Agreement at any time simply by deactivating your account, and deleting any copies of the Application that you have installed.
We may terminate this Agreement at any time, with or without cause.
Terminating shall not relieve either party of the obligations and/or restrictions stated herein.
The Service is provided on an "as is" and "as available" basis without warranties of any kind, either express or implied. The Company disclaims all warranties, express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title and non- infringement as to the information, content, or materials.
The Company does not represent that materials, including information available through the Service are accurate, complete, reliable, current, or errorfree. The Company does not represent or warrant that the services or its servers are free of viruses or other harmful components. The Company is not responsible for errors or omissions in any information or materials accessed through the Service.
While the Company attempts to make your access or use of the Service safe, the Company cannot and does not represent or warrant that the services or its server(s), or any content or materials are free of viruses or other harmful components; therefore you should use industry recognized software to detect and neutralize viruses, spyware, malware, and other harmful or otherwise undesirable components from any download.
In no event shall the Company, the Organization, or any of their corporate affiliates, independent contractors, service providers or consultants, or any of their respective directors, employees and agents, be liable for any special, indirect or consequential damages, including but not limited to, loss of use, loss of profits or loss of data, whether in an action in contract, tort (including but not limited to negligence) or otherwise, arising out of or in any way related to or connected with the use of the Service, the Content or the materials contained in or accessed through the Service, including without limitation any damages, loss or injury caused by or resulting from reliance on any information obtained from the Company, or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of God, communication failure, theft, destruction, or unauthorized access to the Company's records, programs or services.
The aggregate liability of the Company, whether in contract, warranty, tort (including negligence, whether active, passive, or imputed), product liability, strict liability or other theory, arising out of or relating in any manner to the use of the Service, shall not exceed any fees you have paid, if any, to the Company for access to or use of the Service, for the 3 calendar months prior. If no fees have been paid, the aggregate liability of the Company shall not exceed S$10. The Company makes no warranties regarding the security or reliability of the Service.
Any dispute arising out of or in connection with this contract, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre ("SIAC") in accordance with the Arbitration Rules of the Singapore International Arbitration Centre ("SIAC Rules") for the time being in force, which rules are deemed to be incorporated by reference in this clause. The seat of the arbitration shall be Singapore, the Tribunal shall consist of one arbitrator, and the language of the arbitration shall be English.
This Agreement and any controversy arising out of or relating to this Agreement shall be governed by and construed in accordance with the laws of the Republic of Singapore, without regard to conflict of law principles. Each party agrees to submit to the exclusive jurisdiction of the competent courts in Singapore, in any action arising out of a dispute under or in connection with this Agreement or any transaction contemplated by this Agreement.
You acknowledge that in using the Service you will be causing communications to be sent through international telecommunications networks. Even communications that seem to be domestic in nature can result in the transmission of international communications regardless of where you are physically located at the time of transmission. You acknowledge that use of the Service results in international data transmissions.
All the terms and provisions of this Agreement shall be binding upon and inure to the benefit of and be enforceable by the respective parties hereto and their permitted successors and assigns.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and the Company.
No waiver of any term, provision or condition of this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or shall constitute, a waiver of any other term, provision or condition hereof, whether or not similar, nor shall such waiver constitute a continuing waiver of any such term, provision r condition hereof. No waiver shall be binding unless executed in writing by the party making the waiver.
If the performance of any part of this Agreement by either party is prevented, hindered, delayed or otherwise made impracticable by reason of any flood, riot, fire, judicial or governmental action, labor disputes, act of God or any other causes beyond the control of either party, that party shall be excused from such to the extent that it is prevented, hindered or delayed by such causes.
If you create an account, you will be invited to provide us with certain information ("Personal Data"), including your name and profile picture ("Profile Information"), your email address, and phone number ("Contact Information"), and any other personal information you choose to provide ("Further Information").
In the course of using the Service, you may post "Content", including but not limited to comments, photos, prayer requests, articles, and events.
We use technologies like cookies and pixel tags to provide, monitor, analyze, promote and improve the Service. For example, a cookie is used to remember your user name when you return to the Service and to improve our understanding of how you interact with the Service. You can block cookies on your web browser; however please be aware that some features of the Service may not function properly if the ability to accept cookies is disabled.
1.3.1 Log Files
When you use the Service, our servers automatically record certain information in server logs. These server logs may include information such as your web request, Internet Protocol ("IP") address, browser type, referring / exit pages and URLs, number of clicks and how you interact with links on the Service, domain names, landing pages, pages viewed, mobile carrier, and other such information. Log files help us to monitor, analyze, improve and maintain the Service and to diagnose and fix any Service-related issues.
1.3.2 Device Identifiers
When you access the Service using a mobile device, we collect specific device information contained in your mobile device's "device identifier." This device identifier includes information such as the type of device you are using, its operating system, and mobile network information, which may include your mobile phone number. We may associate this device identifier with your Service account and will use data associated with your device identifier to customize our Service to your device and to analyze any device-related issues.
1.3.3 Location Information
We may collect and process information about the location of the device from which you are accessing the Service. Location data may convey information about how you browse the Service and may be used in conjunction with personally identifiable information. You can disable location based services in settings associated with the Service; however please be aware that some features of the Service may not function properly if location services are turned off.
We may share the information we collect from you with third parties as detailed below.
The Service is explicitly intended to build community in the context of the Organization, and consequently your Personal Data may, through your use of the Service, be made available to other Users of the Application. This includes, without limitation:
You explicitly acknowledge that both the Company and the Organization cannot control, and therefore cannot be held liable for any data breach resulting from the actions of Users.
We may disclose your information (including your personally identifiable information) if required to do so by law or subpoena and if the relevant request meets our Law Enforcement Guidelines. We may also disclose your information to our legal counsel, governmental authorities or law enforcement if we believe that it is reasonably necessary to do so in order to comply with a law or regulation; to protect the safety of any person; to address fraud, security or technical issues; or to protect the Company or the Organization's rights or property.
We may disclose aggregate non-personally identifiable information (such as aggregate and anonymous usage data, platform types, etc.) about the overall use of our Service publicly or with interested third parties to help them understand, or to help us improve, the Service.
The security of your information is important to us. When you enter sensitive information (such as a credit card number) as part of our service, we encrypt the transmission of that information using industry-standard encryption.
The Company uses commercially reasonable and industry-standard physical, managerial, and technical safeguards to preserve the integrity and security of your information. For example, we continuously and regularly back up your data to help prevent data loss and aid in data recovery. We also guard against common web attack vectors, and implement firewalls and access restrictions on our servers to secure our network and better protect your information.
Although we allow you control over where you share your Content and what information is included in your Profile and take reasonable steps to maintain the security if the information associated with your account, please be aware that no security measures are perfect or impenetrable. Neither the Company nor the Organization cannot control the actions of other Users, and neither party is responsible for third party circumvention of any privacy settings or security measures on the Service.
You may, of course, decline to submit personally identifiable information through the Service, in which case the Company may not be able to provide certain services to you. You may amend your Personal Information at any time, either through mechanisms provided in the Application, or by emailing email@example.com.