ChristianPrayer Community
TERMS OF SERVICES

 

EFFECTIVE DATE: November 12, 2015

These iHeartPray Terms of Service (the "Terms") are a legal contract between you and iHeartPray, Org. ("iHeartPray", "we" or "us"). These Terms explain how you are permitted to use the iHeartPray mobile application and services, as well as the iHeartPray website located at www.iheartpray.com (the "Site") and any content therein (collectively, the "Services"). Unless otherwise specified, all references to the Services include the services available through the iHeartPray mobile application (the "App") and the Site, as well as any software that iHeartPray provides to you that allows you to access the Services from a mobile device and any other Materials (as defined below). By using the Services, you are agreeing to all of the Terms; if you do not agree with any of these Terms, do not access or otherwise use the Services. You may download and/or print a copy of these Terms for you records at: http://www.iHeartPray.com/terms.

 

Changes

iHeartPray may make changes to the Services at any time. iHeartPray can change, update, or add or remove provisions of these Terms at any time by posting the updated Terms on the App or the Site, by posting a notice on the Services or by notifying you via the App. By using the Services after iHeartPray has updated the Terms, you are agreeing to all the updated Terms; if you do not agree with any of the updated Terms, you must stop using Services.

 

General Use

The Services may not be available in all locations, and we may block access to the Services from certain locations based on your device’s geolocation information. We may add to or remove the areas in which the Services are not available at any time, without notice to you.

By using, you represent, acknowledge and agree that you are at least 14 years of age. If you are not at least 14 years old, you may not use the Services at any time or in any manner or submit any information to the App, the Site or any part of the Services.

We may, in our sole discretion, refuse to offer the Services to any person or entity. We may, without notice and in our sole discretion, terminate your right to use the Services, or any portion thereof, and block or prevent your future access to and use of the Services or any portion thereof.

 

Services

iHeartPray provides content through the Services that is copyrighted and/or trademarked work of iHeartPray or iHeartPray’s third-party licensors and suppliers or other users of the Services (collectively, the "Materials"). Materials may include logos, text graphics, video, images, photos, software and other content.

Subject to these Terms, iHeartPray hereby grants you a limited, non-exclusive, non-sublicensable, non-transferable and revocable license to use and to display the Materials and to use the Services solely for your personal, non-commercial use. Except for the foregoing license, you have no other rights in the Services or any Materials and you may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Services or Materials in any manner.

You may use the App for your personal, non-commercial use. You may not: (i) modify, disassemble, decompile or reverse engineer the App, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the App to any third-party or use the App to provide time sharing or similar services for any third-party; (iii) make any copies of the App; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the App, features that prevent or restrict use or copying of any content accessible through the App, or features that enforce limitations on use of the App; or (v) delete the copyright and other proprietary rights notices on the App. You acknowledge that iHeartPray may from time to time issue upgraded versions of the App, and may automatically electronically upgrade the version of the App that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that these Terms will apply to all such upgrades. Standard carrier data charges may apply to your use of the App.

Except for the limited rights expressly licensed in these Terms, iHeartPray and its third-party licensors or suppliers retain all right, title, and interest in and to the Services.

The following additional terms and conditions apply with respect to any App that iHeartPray provides to you designed for use on an Apple iOS-powered mobile device (an "iOS App"):

  1. You acknowledge that these Terms are between you and IHeartPray only, and not with Apple, Org. ("Apple").
  2. Your use of iHeartPray’s iOS App must comply with Apple’s then-current App Store Terms of Service.
  3. iHeartPray, and not Apple, are solely responsible for our iOS App and the Services and Content available thereon. You acknowledge that Apple has no obligation to provide maintenance and support services with respect to our iOS App. To the maximum extent permitted by applicable law, Apple will have no warranty obligation whatsoever with respect to our iOS App.
  4. You agree that iHeartPray, and not Apple, are responsible for addressing any claims by you or any third-party relating to our iOS App or your possession and/or use of our iOS App.
  5. You agree that iHeartPray, and not Apple, shall be responsible, to the extent required by these Terms, for the investigation, defense, settlement and discharge of any third-party intellectual property infringement claim related to our iOS App or your possession and use of our iOS App.
  6. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) You are not listed on any U.S. Government list of prohibited or restricted parties.
  7. You agree to comply with all applicable third-party terms of agreement when using our iOS App (e.g., you must not be in violation of your wireless data service terms of agreement when using the iOS App).
  8. The parties agree that Apple and Apple’s subsidiaries are third-party beneficiaries to these Terms as they relate to your license of iHeartPray’s iOS App. Upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as they relate to your license of the iOS App as a third-party beneficiary thereof.

If you breach any of these Terms, the above license will terminate automatically and you must immediately stop using the Services and destroy any downloaded or printed Materials.

 

Account Security

We may ask for your mobile number in order to verify your account when you try to post content or if we suspect improper activity on your account. Please note that your carrier’s text messaging and data fees apply for mobile number verification.

 

Privacy

Please review the iHeartPray Privacy Policy (the "Privacy Policy"), available at http://www.iHeartPray.com/privacy which explains how we use and disclose information that we collect from and about you. By using our Services, you agree that we may use and disclose the information we collect from and about you as stated in the Privacy Policy (which is incorporated into these Terms). Without limiting the foregoing, you expressly acknowledge that any Submissions (defined below) or other information you submit to the Services may be viewable by all other users of the Services and any third party.

 

Submissions

You are responsible for any information, opinions, messages, comments, photos, videos, graphics, sounds and other content or material that you submit, upload, post or otherwise make available on, through or in connection with the Services (each a "Submission"). We reserve the right to retain your Submissions, even after they have expired from view within the App or even after you have deleted them. However, you agree that we have no obligation to retain any Submission for any period of time, nor shall we be responsible or liable to you or any third party for any lost content or losses related to the expiration or deletion of a Submission.

You may not upload, post or otherwise make available on the Services any material protected by copyright, trademark, or any other proprietary right without the express permission of the owner of such copyright, trademark or other proprietary right owned by a third party, and the burden of determining whether any material is protected by any such right is on you. You shall be solely liable for any damage or harm resulting from any Submission that you make. You have full responsibility for each Submission you make, including its legality, reliability and appropriateness.

Unless otherwise explicitly stated herein or in the Privacy Policy, you agree that any Submission provided by you in connection with the Services is provided on a non-proprietary and non-confidential basis. You hereby grant to iHeartPray a non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up, worldwide license (including the right to sublicense through multiple tiers) to use, reproduce, process, adapt, publicly perform, publicly display, modify, prepare derivative works, publish, transmit and distribute each of your Submissions, or any portion thereof, in any form, medium or distribution method now known or hereafter existing, known or developed, and authorize others to do the same ("Submission License"). Without limiting the foregoing, you agree that the Submission License gives iHeartPray the right to sublicense Submissions to third parties in connection with the syndication, broadcast, distribution, promotion, or publication of Submissions in any and all media or distribution methods, now known or later developed. No use of Submissions in accordance with the Submission License shall entitle you to any compensation from iHeartPray, or any third party.

You agree to pay for all royalties, fees, damages and any other monies owing any person by reason of any Submissions posted by you to or through the Services. When you provide Submissions you agree that those Submissions shall not be in violation of the "Unauthorized Activities" section below. Although iHeartPray may, in its sole discretion, monitor and remove or edit Submissions for any reason, including but not limited to violation of the "Unauthorized Activities" section below, iHeartPray is not obligated to do so.

 

Unauthorized Activities

When using the App and/or any other part of the Services, you agree not to:

  1. Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
  2. Use racially or ethnically offensive language.
  3. Discuss or incite illegal activity.
  4. Post anything that exploits children or minors (including pornography that depicts minors) or that depicts cruelty to animals.
  5. Post any copyrighted or trademarked materials without the express permission from the owner.
  6. Disseminate any unsolicited or unauthorized advertising, promotional materials, ‘junk mail’, ‘spam’, ‘chain letters’, ‘pyramid schemes’, or any other form of such solicitation.
  7. Use any robot, spider, scraper or other automated means to access the Services.
  8. Take any action that imposes an unreasonable or disproportionately large load on our infrastructure.
  9. Alter the opinions or comments posted by others on the Services
  10. Post any image or language that is obscene or offensive, threatening or demeaning to any individual or group.
  11. Post anything contrary to our public image, goodwill or reputation.

This list of prohibitions provides examples and is not exhaustive or exclusive. iHeartPray reserves the right to (a) terminate access to your account and your ability to post to the Services (or otherwise use the Services) and/or (b) refuse, delete or remove any Submissions; with or without cause and with or without notice, for any reason or no reason, or for any action that iHeartPray determines is inappropriate or disruptive to the Services or to any other user of the Services. iHeartPray may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at iHeartPray’s discretion, iHeartPray will cooperate with law enforcement agencies in any investigation of alleged illegal activity on the Services or on the Internet.

Unauthorized use of any Materials or Third-Party Content contained in the Services may violate certain laws and regulations. You agree to indemnify and hold iHeartPray and its officers, directors, employees, consultants, affiliates, agents, licensors, and business partners (collectively, the "Indemnified Entities") harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees and costs of defense) iHeartPray or any other Indemnified Entity suffers in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that your use of the Services or the use of the Services by any person using your user name and/or password (including without limitation, your participation in the posting areas or, your Submissions) violates any applicable law or regulation, or the copyrights, trademark rights or other rights of any third party.

 

Disclaimer of Warranties

Your use of the Services is at your own risk. The Materials may not have been verified or authenticated in whole or in part by iHeartPray, and they may include inaccuracies or typographical or other errors. iHeartPray does not warrant the accuracy of timeliness of the Materials contained on the Services. iHeartPray has no liability for any loss of, or errors or omissions in Submissions, or for any errors or omissions in the Materials or any other portion of the Services, whether provided by iHeartPray, our licensors or suppliers or other users.

IHEARTPRAY, FOR ITSELF AND ITS LICENSORS, MAKES NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH THE SERVICES OR ANY MATERIALS RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THE SERVICES. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES, MATERIALS AND ANY OTHER PORTION OF THE SERVICES OR ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THE SERVICES IS PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE" BASIS WITH NO WARRANTY OF IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. WITHOUT LIMITING THE FOREGOING, IHEARTPRAY DOES NOT PROVIDE ANY WARRANTIES AGAINST VIRUSES, SPYWARE OR MALWARE THAT MAY BE INSTALLED ON YOUR COMPUTER.

 

Limitation of Liability

IN NO EVENT WILL IHEARTPRAY BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES EVEN IF IHEARTPRAY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, IHEARTPRAY SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR DISPLAYING, COPYING, OR DOWNLOADING ANY MATERIALS TO OR FROM THE SERVICES.

YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SERVICES. YOUR ONLY REMEDY AGAINST IHEARTPRAY FOR DISSATISFACTION WITH THE SERVICES IS TO STOP USING THE SERVICES. IF, NOTWITHSTANDING THESE TERMS, IHEARTPRAY IS FOUND LIABLE TO YOU FOR ANY DAMAGE OR LOSS THAT ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH YOUR USE OF THE SERVICES, IHEARTPRAY’S LIABILITY SHALL IN NO EVENT EXCEED ONE U.S. DOLLAR ($1.00) IN THE AGGREGATE.

THE FOREGOING EXCLUSIONS AND LIMITATIONS SHALL APPLY TO THE EXTENT PERMITTED BY LAW. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS OF LIABILITY, SO THE FOREGOING EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

 

Local Laws; Export Control

iIHeartPray controls and operates the Services from its headquarters in the United States and the Services may not be appropriate or available for use in other locations. You are responsible for following applicable laws and regulations in your jurisdiction, including but not limited to laws and regulations regarding the transmission of technical data exported from the United States or the country in which you reside.

 

Feedback

If you send or transmit any communications, comments, questions, suggestions, or related materials regarding iHeartPray or the Services, whether by email or otherwise (collectively, "Feedback"), such Feedback is, and will be treated as, non-confidential and non-proprietary. You hereby assign all right, title, and interest in, and iHeartPray is free to use, without any attribution or compensation to you, any and all Feedback for any purpose whatsoever. You understand and agree that iHeartPray is not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction, or distribution.

 

General

The Federal Arbitration Act, Georgia state law and applicable U.S. federal law, without regard to the choice or conflicts of law provisions, will govern these Terms. Foreign laws do not apply. The United Nations on Contracts for the International Sale of Goods and any laws based on the Uniform Computer Information Transactions Act (UCITA) shall not apply to this Agreement. Except for Disputes subject to arbitration as described above, any disputes relating to these Terms or the Services will be heard in the courts located in Fulton County, Georgia. If any of these Terms is found to be inconsistent with applicable law, then such term shall be interpreted to reflect the intentions of the parties, and no other terms will be modified. iHeartPray’s failure to enforce any of these Terms is not a waiver of such term. These Terms are the entire agreement between you and iHeartPray and supersede all prior or contemporaneous negotiations, discussions or agreements between you and iHeartPray about the Services. The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability and general provisions shall survive any termination of these Terms.

 

Copyright Policy

iHeartPray respects the intellectual property rights of others. If you believe that your intellectual property appears on the Services in violation of your copyright, please provide iHeartPray’s designated agent the following information:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  2. Identification of the work claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a representative list of such works at that site.
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled at the Services, and information reasonably sufficient to permit iHeartPray to locate the material.
  4. Information reasonably sufficient to permit iHeartPray to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
  5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the intellectual property owner, its agent, or the law.
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Contact Us

If you have any questions about these Terms or otherwise need to contact iHeartPray for any reason, you can reach us at http://support.iheartpray.com