Terms of Use

Last Updated: January 15, 2020

 

Thank you for visiting this website or app, offered by The Bedford Alliance Church, Inc. and our affiliated legal entities (“Bedford Alliance Church”, “we”, “us” or “our”). These terms of use (the “Terms of Use”) govern your access to and use of our websites, including bedfordalliance.church, my.bedfordalliance.church, and live.bedfordalliance.church (collectively, our “Websites”), and the services and tools related to the Websites (including, but not limited to, any mobile and other software applications downloaded from this Websites or obtained elsewhere) (collectively, the “Services”)

The Websites and Services are available ONLY TO USERS 13 YEARS OF AGE OR OLDER. Please read these Terms of Use carefully. By accessing or using this Website or our Services you are agreeing to our Terms of Use, which includes our Privacy Policy incorporated herein by reference.

1. Modification of the Terms of Use

These Terms of Use may change from time to time and your continued use of this Website or our Services after we make changes is deemed to be acceptance of those changes. So, please check this policy periodically for updates. It is our policy to post any changes we make to our Terms of Use on this page. The date the Terms of Use was last revised is identified at the top of the page.

2. Access, License and Privacy

2.1 Access and License. Provided you are not under the age of thirteen (13), we hereby grant you a personal, non-exclusive, non-transferable, revocable license to access our Websites and use the Services only for your own personal and noncommercial purposes (the “License”).

a. General Use License. All material found on the Websites and Services (including visuals, text, icons, displays, databases, recordings (sound, video or otherwise), media, and general information) is owned or licensed by us. You may view, download, and print material from the Websites and Services only for your personal, noncommercial use unless otherwise stated.

b. Exceptions to the General Use License. Any material that is provided subject to different rights than those set forth in Section 2.1(a) will be governed solely by such separately stated use rights. Examples of materials that are provided subject to different use rights include (i) material where credit is given to an outside organization, of which we do not own the rights to the material, or (ii) downloading of materials from the Websites or Services that include alternative use rights for the material at the location of the download (e.g. social media kit that has on website offering the kit an authorization to use only as a profile picture on Facebook or Twitter).

c. Media Rights. Materials may be reproduced by media personnel for use in traditional public news forums unless otherwise stated.

d. Restrictions on Use. You may not post material from the Websites or Services on another website, service or on a computer network without our permission. You may not transmit or distribute material from the Websites or Services to other sites or services. You may not use the Websites or Services, or information found at the Websites or Services (including the names and addresses of those who have submitted information), to sell or promote products or services or to solicit clients or for any other commercial purpose.

2.2 Privacy. We value your privacy and understand your privacy concerns. Please review our Privacy Policy, which also governs your access to and use of the Websites and Services, so that you may understand our privacy practices.

3. Registration Policy and Account Security

To access the Websites or Services, or some of the resources they offer, you may be asked to open a Bedford Alliance Church Account and provide certain registration details or other information.

If you create, or are provided with, a username, password or any other information as part of our security procedures, please treat such information as confidential and do not disclose such information to any other person or entity. Your Bedford Alliance Church Account is personal to you and should not be used to provide any other person access to this Websites or the Services. To protect your security, as well as our Websites and Services, you must notify us immediately of any unauthorized access to or use of your username or password or any other breach of security.

We have the right to disable any username, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

4. Links to Third Party Sites

The Websites or Services may contain links to third party websites (“Linked Sites”). We do not control these Linked Sites and are not responsible for the content of, stability of, or any transmission to or from any Linked Site. We recommend you review the privacy statements and terms of use posted at any Linked Sites.

5. Intellectual Property Rights; Content; Copyright Infringement Notification Process

5.1 Intellectual Property Rights. The materials, services and content offered on or through the Websites and Services, as well as their selection and arrangement, are protected by intellectual property rights (the “Intellectual Property Rights”), and any unauthorized use of the Websites and Services may violate such Intellectual Property Rights laws and these Terms of Use. Bedford Alliance Church and its licensors own all right, title and interest in and to the Intellectual Property Rights of the materials, services and content offered on or through the Websites and Services. These Terms of Use do not convey or transfer any ownership rights to you. The trademarks, logos and service marks displayed on the Websites or Services are the property of Bedford Alliance Church or other third parties. You are not permitted to use these marks without the prior written consent of Bedford Alliance Church or such third party that may own the marks. You may not remove or obscure any copyright notice or other proprietary notices contained on the Websites, Services or any materials, services or content retrieved through the Websites or Services.

5.2 Your Content. The Websites and Services may allow or require you to post data, text, pictures, videos, recordings or other materials and information that will be accessible by visitors to the Websites or users of the Services (“Public Content”), or that will only be accessible by you or those designated by you (“Private Content”) (Public Content and Private Content, collectively referred to as “Your Content”). As between you and Bedford Alliance Church, you remain the sole owner of and solely responsible for Your Content. Bedford Alliance Church does not claim ownership of any of Your Content, but by submitting Your Content, you hereby grant Bedford Alliance Church a nonexclusive, worldwide, royalty-free, fully paid up, irrevocable, perpetual right and license to link to, reproduce, distribute, adapt, promote, display, and sublicense Your Content, including without limitation using Your Content in marketing materials for Bedford Alliance Church (e.g., photos from your Public Group Profile). While we retain these rights, we will do our best to contact you if Your Content will be used for marketing purposes. Bedford Alliance Church does not endorse, guarantee, or assume any responsibility, obligation or liability relating to Your Content, including without limitation liability for third-party claims against users of the Websites or Services for defamation, libel, slander, infringement, invasion of privacy, violation of publicity rights, obscenity, pornography, profanity, fraud or misrepresentation. Unless required otherwise by law or unable to determine the source of Your Content, Bedford Alliance Church will attempt to contact you before removing any of Your Content. However, Bedford Alliance Church reserves the right to remove any of Your Content at any time, with no obligation to notify you of the removal, where Bedford Alliance Church believes in good faith that such removal is appropriate. Publication of any of Your Content is at the sole discretion of Bedford Alliance Church.

5.3 Prohibited Content. We want to maintain Websites and Services that are a positive, healthy experience for all. Therefore, while using the Websites or Services, you agree that you will not upload, post, email, transmit or otherwise make available any Public Content or Private Content that: (i) is unlawful, harmful, threatening, abusive, harassing, tortious, infringing, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or is racially, ethnically or otherwise objectionable; (ii) creates a risk of harm, loss, or damage to any person or property or a risk of physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to yourself, to any other person, or to any animal; (iii) seeks to harm or exploit minors in any way, including, but not limited to, by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (iv) violates, or encourages any conduct that violates laws or regulations or contains any information or content that is illegal; or (v) infringes any third party’s intellectual property rights, privacy rights, publicity rights, or other personal or proprietary rights or contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships.

5.4 Prohibited Conduct. While using the Websites and Services, you agree not to engage in any of the following prohibited activities: (i) use, display, mirror or frame the Websites or Services, any individual element within the Websites or Services, the Bedford Alliance Church name, trademark, logo or other proprietary information, or the layout and design of any page, without our express written consent; (ii) access the Websites or Services by any means other than through the interface provided by Bedford Alliance Church and as otherwise expressly authorized under these Terms of Use; (iii) access, tamper with, or use non-public areas of the Websites or Services, our computer systems, or the technical delivery systems of our providers; (iv) avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Bedford Alliance Church or any of our providers or any other third party (including another user) to protect the Websites or Services; (v) forge headers or otherwise manipulate identifiers in order to disguise the origin of any of Your Content transmitted through the Websites or Services; (vi) attempt to access or search the Websites or Services or scrape or download any user content from the Websites or Services, or otherwise use or upload content to, or create new links, reposts, or referrals in the Websites or Services through the use of any engine, software, tool, agent, device or mechanism (including automated scripts, spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Bedford Alliance Church or other generally available third party web browsers; (vii) send or post onto the Websites or Services any unsolicited or unauthorized spam, advertising messages, promotional materials, email, junk mail, chain letters or other form of solicitation; (viii) use any meta tags or other hidden text or metadata utilizing the Websites or Services or a Bedford Alliance Church trademark, logo, or URL without Bedford Alliance’s express written consent; (ix) attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Websites or Services; (x) interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending or posting a virus, overloading, flooding, spamming, or mail-bombing the Websites or Services; (xi) reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purpose any portion of the Websites or Services (including your account) or your access to or use of the Websites or Services; (xii) collect or store any personally identifiable information from other users of the Websites or Services without their express permission; (xiii) stalk or otherwise harass another person or entity; (xiv) impersonate or misrepresent your affiliation with any person or entity; (xv) violate any applicable law or regulation; or (xvi) encourage or enable any other individual to do any of the activities prohibited in these Terms of Use.

5.5 Copyright Infringement Notification Process. If you believe that any content included on the Websites or Services is your proprietary work and has been copied in a way that constitutes an infringement of your copyrights in that work, please immediately notify us of any such copyright or other Intellectual Property Rights infringement.

6. Disclaimer of Warranties/Limitation of Liability

Except where prohibited by law, in no event will we be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if we have been advised of the possibility of such damages. You expressly understand and agree that any material downloaded or otherwise obtained through the use of the Websites or Services is accessed at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any downloaded material.

The Websites and Services may provide, or third parties may provide, links to other World Wide Web sites or resources. You acknowledge and agree that we have no control over, are not responsible for the availability of, and do not endorse and are not responsible or liable for, any Content, advertising, products or other materials on or available from other sites or resources. You acknowledge and agree that we are not responsible in any way for any damage or loss caused by or in connection with use of or reliance on any site or resource.

7. Indemnification

You agree to indemnify, defend and hold harmless the Bedford Alliance Church Parties from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms of Use by you or any other actions connected with your use of the Websites or Services. Your indemnification obligations include without limitation claims arising out of any of Your Content, as well as any claims arising out of acts or omissions by your agents, and any other person or entity who gains access to Bedford Alliance Church’s materials, services or content through your name either with your permission or as a result of your failure to use reasonable security measures.

8. Injunctive Relief

Your breach of these Terms of Use may result in immediate and irreparable harm to us, for which there may be no adequate remedy at law, and, therefore, you agree that we are entitled to equitable relief to compel you to cease and desist all unauthorized use, evaluation and disclosure of information obtained through the Websites or Services, which is in addition to any other remedies available at law or in equity.

9. Arbitration Agreement and Waiver of Class Action

Except as set forth below, ANY DISPUTE OR CLAIM ARISING UNDER THESE TERMS OF USE, INCLUDING THE PRIVACY POLICY INCORPORATED HEREIN BY REFERENCE, OR RELATING IN ANY WAY TO YOUR USE OF THE WEBSITES OR SERVICES WILL BE RESOLVED BY FINAL AND BINDING ARBITRATION, RATHER THAN IN COURT; provided, however, that the following are exceptions to our agreement to arbitrate our disputes:

a) Any claim that qualifies as a small claim in a court of limited subject matter jurisdiction must be brought in such court; and

b) Any claim for injunctive relief may be brought in a court of competent jurisdiction to enjoin intellectual property infringement or misuse.

You may opt out of this agreement to arbitrate by providing written notice of your intention to do so to Bedford Alliance Church within 60 days of the earlier of your first use of the Websites or Services or your creating a Bedford Alliance Church Account.

By using the Websites or Services, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Michigan, without regard to principles of conflict of laws, will govern these Terms of Use (including the Privacy Policy incorporated herein by reference) and any dispute or claim of any sort that might arise between you and Bedford Alliance Church.

10. No Waiver; Severability

A waiver of any breach of any provision of these Terms of Use is not a waiver of any repetition of such breach and will not in any manner affect any other terms or conditions of these Terms of Use. We do not waive any rights by the failure to enforce any provision of these Terms of Use in every instance in which it might apply. In the event that any provision of these Terms of Use is held to be unenforceable, it will not affect the validity or enforceability of the remaining provisions and will be replaced by an enforceable provision that is the closest to the intention underlying the unenforceable provision.

11. Assignability

We may assign our rights and delegate our duties under these Terms of Use either in whole or in part at any time without notice. You may not assign, sublicense or otherwise transfer your rights or obligations, in whole or in part, under these Terms of Use to anyone else without our prior written consent.

12. Relationship

This Agreement does not establish any relationship of partnership, joint venture, employment, franchise or agency between you and us.