PLEASE CAREFULLY READ THESE TERMS OF SERVICE.
Welcome! By using the Open Church, Inc (“Open Church”) website (“Service”), you agree to be bound by the following terms and conditions (“Terms of Service”).
Open Church may update the Terms of Service from time to time without notice to you. Continued use of the Service after any such changes shall constitute your consent to these changes. Any new features that enhances or augments the current Service, including the release of new functionality and resources, shall be subject to the Terms of Service. At any time, you can review the most current version of the Terms of Service at: https://openchurch.com/terms
Open Church makes reasonable effort to provide accurate and legally compliant information, resources, and data (“Content”). You understand and agree that Open Church cannot be held responsible for the Content posted on the Service. You agree to use the Service at your own risk.
1. Copyright and Content Ownership
- 1.1 All Content posted on the Service must comply with applicable copyright law.
- 1.2 All downloadable resources available on the Service are subject to one of the licenses approved by Open Church, and the use of these materials must be in compliance with its respective license. At any time, you can review the most current list of licenses approved by Open Church at: https://openchurch.com/about/licenses/
- 1.3 We claim no intellectual property rights over the Content you provide to the Service. However, by contributing Content, including but not limited to information and resources, you agree to allow others to view and share your Content.
- 1.4 Open Church makes no guarantee to pre-screen all Content, but Open Church 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.
- 1.5 The look and feel of the Service is copyright © 2016 Open Church. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS or visual design elements without express written permission from Open Church.
- 1.6 You Have Rights if You Believe Your Copyright is Being Infringed: If you are a copyright owner or agent thereof and believe that any of our content infringes upon your copyright, please email [email protected].
2. General Conditions
- 2.1 You must be at least 13 years or older to use this Service.
- 2.2 Your use of the Service and Content is at your sole risk. The service is provided on an “as is” and “as available” basis.
- 2.3 Technical support is not available.
- 2.4 The Service is provided by Open Church from the United States of America. The laws in other countries may differ and your use of the Service may be subject to such laws. You are solely responsible for ensuring that your use of the Service and Content violate any laws in your jurisdiction (including but not limited to copyright laws). You may not use the Service or Content for any illegal or unauthorized purpose.
- 2.5 You understand that Open Church uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
- 2.6 You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Open Church or without permission granted by a Content’s license.
- 2.7 We may, but have no obligation to, remove Content containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
- 2.8 Open Church is an Internet Service Provider and is not responsible for and do not necessarily hold the opinions expressed by our content contributors. Opinions and other statements expressed by Content and third parties are theirs alone, not opinions of Open Church.
- 2.9 Links on the site that allow you to connect with sites that are not under our control. Open Church neither endores nor is responsible for the contents of any linked site. You access them at your own risk.
- 2.10 Content created by third parties is the sole responsibility of the third parties and its accuracy and completeness are not endorsed or guaranteed. You acknowledge that by providing you with the ability to view and distribute content through our site, Open Church is not undertaking any obligation or liability relating to the Content.
- 2.11 You understand that the technical processing and transmission of the Service, including Content and user data, 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.
- 2.12 You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with Open Church.
- 2.13 You must not transmit any worms or viruses or any code of a destructive nature.
- 2.14 Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Open Church customer, employee, member, or officer may result in restriction of Service.
- 2.15 Open Church 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 Content, Services, information, or other material obtained by you through the Service will meet your expectations, and (v) any errors in the Service will be corrected.
- 2.16 Open Church 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 notice. Open Church shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
- 2.17 Open Church, in its sole discretion, has the right to suspend or terminate your usage and refuse any and all current or future use of the Service, or any other Open Church service, for any reason at any time. Open Church reserves the right to refuse service to anyone for any reason at any time.
- 2.18 You expressly understand and agree that Open Church 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 Open Church 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.
- 2.19 The failure of Open Church 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 Open Church and govern your use of the Service, superceding any prior agreements between you and Open Church (including, but not limited to, any prior versions of the Terms of Service).
- 2.20 You agree to indemnify and hold Open Church and its partners, contributors, officers, agents, and employees harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Service, your violation of the Terms of Service, or your violation of any rights of another party.
- 2.21 The parties hereby undertake to use good faith efforts to settle all disputes arising under this Agreement. Failing settlement, all disputes, including without limitation claims of breach of contract, fraud in the inducement and negligence, shall be referred to binding arbitration in the state of Oklahoma in accordance with the Commercial Rules of Arbitration of the American Arbitration Association. The parties shall use their best efforts to appoint an arbitrator who is knowledgeable in computer technology within seven (7) days after receipt by one party of the other party’s notice of intention to arbitrate. If the parties are unable to agree on a single arbitrator within such period, either party may request appointment of an arbitrator by the American Arbitration Association, and the arbitrator so appointed shall be the sole arbitrator. The decision of the arbitrator shall be final and may be enforced in any court of competent jurisdiction. The prevailing party in any proceeding shall be reimbursed by the other party for all expenses incurred in connection with arbitration, including but not limited to reasonable attorneys’ fees.
Questions about the Terms of Service should be sent to [email protected].
Last revised on 7 October 2016.