sharechurch Terms of Service

Please read these Terms and Conditions of Use (the “Terms of Use”) carefully as they apply to the ShareChurch website located at www.ShareChurch.com (the “ShareChurch Site”), and all associated sites (collectively, “ShareChurch”) owned or operated by the United Methodist Church of the Resurrection (“Church of the Resurrection”) or its affiliates. ShareChurch is the property of Church of the Resurrection and its licensors.  By accessing the ShareChurch Site and/or creating an account on the ShareChurch Site, you represent that you are of the legal age to enter into a binding agreement and that you have the legal authority to accept the terms on behalf of yourself and any party you represent in connection with use of the ShareChurch Site. YOUR CREATION OF AN ACCOUNT ON THE SHARECHURCH SITE AND/OR YOUR ACCESS OR USE OF THE SHARECHURCH SITE IN ANY WAY SIGNIFIES THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS OF USE; IF YOU DO NOT AGREE, YOU ARE NOT AUTHORIZED TO USE THE SHARECHURCH SITE.  

As long as you comply with these Terms of Use in effect at the time of your visit to the Site, ShareChurch grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the public areas of the ShareChurch Site.

ShareChurch reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use at any time. ShareChurch encourages you to check these Terms of Use periodically for changes. All new and/or amended Terms of Use take effect immediately unless otherwise stated by ShareChurch. Notwithstanding the foregoing, (i) no modification to the Terms of Use will apply to any dispute between you and ShareChurch that arose prior to the effective date of any modification and (ii) if you do not agree with any modification to the Terms of Use, you may terminate this agreement by ceasing use of the ShareChurch Site.  Your continued use of the ShareChurch Site following the posting of changes will mean that you accept and agree that the revised Terms of Use will apply to your use of the ShareChurch Site after the changes are posted.

Content Posted to the ShareChurch Site
You retain the copyright in Content that you post or otherwise provide on the ShareChurch Site or in connection with the ShareChurch Site. You hereby warrant and represent that all Content you voluntarily provide to ShareChurch or the ShareChurch Site is properly licensed to ShareChurch, is not copyrightable, or is in the public domain. When you post your Content, you grant to ShareChurch, its successors and assigns, and other users of the ShareChurch Site an irrevocable Creative Commons (http://creativecommons.org/ ) license which may allow users of the ShareChurch Site to view and use your Content within the terms of the applicable Creative Commons license as defined on the ShareChurch Site. If Content you provide is protected by copyright and you do want rights to the Content to be governed by the Creative Commons license defined on the ShareChurch Site, you must not provide the Content to the ShareChurch Site. For the avoidance of doubt, you may otherwise license your Content on any terms or no terms at all, but upon uploading or supplying Content protected by copyright to the ShareChurch Site or in connection with the ShareChurch Site, you are licensing such Content under the Creative Commons license as defined on the ShareChurch Site, in addition to any such other license that may apply to your Content.

You may only submit Content to the ShareChurch Site that you have the right to submit. This means that you can only submit Content that you yourself create, that is in the public domain, or that you have been expressly granted the right to submit consistent with these Terms of Use. For the avoidance of doubt, Content that infringes the rights of any third party (e.g., Content used without express permission of the copyright owner and not otherwise permitted by law) must not be submitted. You represent, warrant, and agree that no Content of any kind submitted, posted or otherwise shared by you on or through any ShareChurch Websites or Services, violates or infringes upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights, or contains libelous, defamatory or otherwise unlawful material. Further, you represent, warrant and agree not to submit any personally identifiable information, including any Content containing personally identifiable information, about any person who is under 13 years of age. ShareChurch may, but is not obligated to, review your submissions and may delete or remove (without notice) any Content in its sole discretion that ShareChurch determines violates these Terms of Use or that may be offensive, illegal, or that might violate the rights, harm, or threaten the safety of others. ShareChurch does not endorse or support any Content posted by you or any other third party on or through the ShareChurch Site. You alone are responsible for creating backup copies and replacing any Content you post on the ShareChurch Site, and you authorize ShareChurch to reproduce or otherwise make copies of your Content as it deems necessary to facilitate the posting of your Content on the ShareChurch Site. You may request the removal of your Content from the ShareChurch Site at any time, and ShareChurch will take reasonable steps to promptly remove such Content; provided, however, that ShareChurch can remove any such Content only from the ShareChurch Site and cannot remove Content from email archives, wiki history pages, and similar community forums where you or others may post content, or from others’ computers who may have downloaded or otherwise created a local file of the Content. If you choose to remove your Content, the Creative Commons license you granted when submitting such Content to the ShareChurch Site will remain in full force and effect in accordance with its terms.

Privacy
Please review the ShareChurch Privacy Policy as it is incorporated into these Terms of Use and also governs your use of the ShareChurch Site. Additionally, by using the ShareChurch Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the ShareChurch Site may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.

Content Accessed on the ShareChurch Site
You understand that all material, data, and information, such as data files, written text, software code, music, audio files or other sounds, photographs, graphics, videos or other images (collectively, “Content”) which you may have access to as part of, or through your use of, the ShareChurch Site are the sole responsibility of the person or organization from which such Content originated.  Such Content contained on the ShareChurch Site is owned, controlled, or licensed by or to ShareChurch, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.  You acknowledge that ShareChurch makes no representation or warranty about the Content and under no circumstances is ShareChurch liable in any way for any Content, including, but not limited to: any infringing Content, any errors or omissions in Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted to, linked to or otherwise accessible or made available via the ShareChurch Site.

You may use the Content you find on the ShareChurch Site in accordance with the terms of the license applicable to that Content. For the avoidance of doubt, you must attribute all Content (except public domain Content) in the manner specified by the author or licensor and in accordance with the terms of such license and you must not remove or alter any copyright, trademark, name, or other notice or legend that appears in connection with the Content. You represent and warrant to ShareChurch that you will only use Content on the ShareChurch Site in accordance with the applicable license. You should be sure to review the terms of that license before you use the Content to which it applies. By using the ShareChurch Site, you agree that you are solely responsible for your use of any and all Content made available thereon. You agree that you must evaluate and bear all risks associated with the use of any Content, including any reliance on the provenance, ownership, accuracy, completeness, or reliability of such Content. In this regard, you acknowledge that you will not rely on any Content made available on the ShareChurch Site without your own independent evaluation of that Content. ShareChurch makes no warranty that Content made available on the ShareChurch Site does not infringe the rights of any third party.

ShareChurch reserves the right to remove Content posted on the ShareChurch Site at any time in ShareChurch’s sole discretion, including but not limited to Content inconsistent with the tenets of The United Methodist Church, Content for which ShareChurch received notice or has other reason to believe is in violation of a party’s copyright or other proprietary right, or any other reason for which ShareChurch determines the Content’s removal is warranted.  In addition, ShareChurch reserves the right in its sole discretion to limit access to Content to only users in certain networks, groups, or libraries within the ShareChurch Site.

Your Use of the ShareChurch Site

You agree not to:
  1. Post or transmit Content that is inconsistent with the tenets of The United Methodist Church;
  2. Post, use, or transmit Content to which you do not have the rights to post or use under any intellectual property, confidentiality, privacy, or other applicable laws;
  3. Post, use, or transmit unauthorized Content, including advertising or promotional materials (e.g. junk mail, spam, etc.), or any other form of unsolicited or unwelcome solicitation or advertising;
  4. Post or transmit Content that is obscene, abusive, invasive of privacy, defamatory, false and misleading, incites an illegal act, or is otherwise in breach of your obligations to any person;
  5. Intimidate or harass another on the ShareChurch Site;
  6. Reproduce or circumvent the navigational structure or presentation of the ShareChurch Site or any Content or obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the ShareChurch Site. ShareChurch reserves the right to bar any such activity;
  7. Attempt to gain unauthorized access to any portion or feature of the ShareChurch Site or any other systems or networks connected to the ShareChurch Site or to any ShareChurch server, or to any of the services offered on or through the ShareChurch Site, by hacking, password “mining” or any other illegitimate means;
  8. Impersonate another person or entity, falsely state or otherwise misrepresent your affiliation with a person or entity, or attempt to disguise the origin of any message or transmittal you send to ShareChurch or through the ShareChurch Site;
  9. Probe, scan or test the vulnerability of the ShareChurch Site or any network connected to the ShareChurch Site, nor breach the security or authentication measures on the ShareChurch Site or any network connected to the ShareChurch Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the ShareChurch Site, or any other customer of ShareChurch, including any ShareChurch account not owned by you, to its source, or exploit the ShareChurch Site or any service or information made available or offered by or through the ShareChurch Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the ShareChurch Site;
  10. Use any device, software or routine to interfere or attempt to interfere with the proper working of the ShareChurch Site or any transaction being conducted on the ShareChurch Site, or with any other person’s use of the ShareChurch Site;
  11. Use the ShareChurch Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of ShareChurch or others.

Other Terms and Conditions
You agree to abide by any other terms and conditions of the ShareChurch Site, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the ShareChurch Site or for any service offered on or through the ShareChurch Site, the latter terms shall control with respect to your use of that portion of the ShareChurch Site or the specific service.

ShareChurch’s obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this ShareChurch Site should be construed to alter such agreements.

Links to Other Sites and to the ShareChurch Site
This ShareChurch Site may contain links to other independent third-party web sites (“Linked Sites”). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under ShareChurch’s control, and ShareChurch is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.
 
Intellectual Property Infringement Notice
ShareChurch respects the intellectual property of others and it requests that users of the ShareChurch Site do the same. ShareChurch may, in appropriate circumstances and at its discretion, disable or terminate the accounts of users who may be repeat infringers of others’ intellectual property. If you believe that your work is displayed on the ShareChurch Site in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide ShareChurch's Copyright Agent the following information:
  1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
  2. a description of the copyrighted work or other intellectual property that you claim has been infringed;
  3. a description of where the material that you claim is infringing is located on the site;
  4. your address, telephone number, and email address;
  5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  6. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

ShareChurch's Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:

Mail:  Jonathan Bell, The United Methodist Church of the Resurrection, 13720 Roe Avenue, Leawood, KS  66224
Phone:  913.232.4149
Email:  jonathan.bell@cor.org

Disclaimers
SHARECHURCH DOES NOT PROMISE THAT THE SHARECHURCH SITE OR ANY CONTENT, SERVICE, OR FEATURE OF THE SHARECHURCH SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SHARECHURCH SITE WILL PROVIDE SPECIFIC RESULTS. THE SHARECHURCH SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE SHARECHURCH SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. SHARECHURCH CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SHARECHURCH SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. SHARECHURCH DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SHARECHURCH DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SHARECHURCH SITE AND/OR ANY SHARECHURCH SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SHARECHURCH SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST SHARECHURCH FOR DISSATISFACTION WITH THE SHARECHURCH SITE OR ANY CONTENT IS TO STOP USING THE SHARECHURCH SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.

The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.

ShareChurch reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the ShareChurch Site, or any portion of the ShareChurch Site, for any reason; (2) to modify or change the ShareChurch Site, or any portion of the ShareChurch Site, and any applicable policies or terms; and (3) to interrupt the operation of the ShareChurch Site, or any portion of the ShareChurch Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

Limitation of Liability
Except where prohibited by law, in no event will ShareChurch be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if ShareChurch has been advised of the possibility of such damages.

If, notwithstanding the other provisions of these Terms of Use, ShareChurch is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the ShareChurch Site or any Content, ShareChurch’s liability shall in no event exceed the greater of (1) the total of any license fee, subscription fee, or similar fees with respect to any service or feature of or on the ShareChurch Site paid in the six months prior to the date of the initial claim made against ShareChurch, or (2) US $100.00. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.

Indemnity
You agree to indemnify and hold ShareChurch, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against ShareChurch by any third party due to or arising out of or in connection with your use of the ShareChurch Site.

Violation of These Terms of Use
ShareChurch may disclose any information it has about you (including your identity) if it determines that such disclosure is necessary in connection with any investigation or complaint regarding your use of the ShareChurch Site, or to identify, contact, or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) ShareChurch’s rights or property, or the rights or property of visitors to or users of the ShareChurch Site, including ShareChurch’s customers. ShareChurch reserves the right at all times to disclose any information that ShareChurch deems necessary to comply with any applicable law, regulation, legal process or governmental request. ShareChurch also may disclose your information when ShareChurch determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.

You acknowledge and agree that ShareChurch may preserve any transmittal or communication by you with ShareChurch through the ShareChurch Site or any service offered on or through the ShareChurch Site, and may also disclose such data if required to do so by law or ShareChurch determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of ShareChurch, its employees, users of or visitors to the ShareChurch Site, and the public.

You agree that ShareChurch may, in its sole discretion and without prior notice, terminate your access to the ShareChurch Site and/or block your future access to the ShareChurch Site with or without cause, including without limitation if it determines that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the ShareChurch Site, if requested by law enforcement or other government agencies, or due to unexpected technical issues. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to ShareChurch, for which monetary damages would be inadequate, and you consent to ShareChurch obtaining any injunctive or equitable relief that ShareChurch deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies ShareChurch may have at law or in equity.

If ShareChurch does take any legal action against you as a result of your violation of these Terms of Use, ShareChurch will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to ShareChurch. You agree that ShareChurch will not be liable to you or to any third party for termination of your access to the ShareChurch Site as a result of any violation of these Terms of Use.

Governing Law; Dispute Resolution
You agree that all matters relating to your access to or use of the ShareChurch Site, including all disputes, will be governed by the laws of the United States and by the laws of the State of Kansas without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the federal court in Kansas City, Missouri, and waive any objection to such jurisdiction or venue. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees. In the event of any controversy or dispute between ShareChurch and you arising out of or in connection with your use of the ShareChurch Site, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If ShareChurch is unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.

Void Where Prohibited
Although the ShareChurch Site is accessible worldwide, not all features, products or services discussed, referenced, provided, or offered through or on the ShareChurch Site are available to all persons or in all geographic locations, or appropriate or available for use outside the United States and ShareChurch makes no representation that the ShareChurch Site will be available for use in other jurisdictions. ShareChurch reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the ShareChurch Site is void where prohibited. If you choose to access the ShareChurch Site, you do so on your own initiative and you are solely responsible for complying with applicable local laws.

Miscellaneous
You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the ShareChurch Site, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.

If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect. These Terms of Use constitute the entire agreement between you and ShareChurch with regard to your use of the ShareChurch Site, and any and all other written or oral agreements or understandings previously existing between you and ShareChurch with respect to such use are hereby superseded and cancelled. ShareChurch will not accept any counter-offers to these Terms of Use, and all such offers are hereby categorically rejected. ShareChurch’s failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by ShareChurch of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between ShareChurch and you or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.

Feedback and Information
Any feedback you provide at this ShareChurch Site shall be deemed to be non-confidential. ShareChurch shall be free to use such information on an unrestricted basis.

[Updated: June 27, 2016]