Terms of Use

August 20th 2020

Acceptance of these Terms

By using Your.Church web services and the Gather Live Portal (as defined below) as a registered Partner, you accept and agree to these Terms. Please read these Terms as well as the Privacy Policy carefully before you start to use Your.Church web services and the Gather Live Portal. If you do not agree to these Terms or the Privacy Policy you must not access or use Your.Church web services and the Gather Live Portal.

Definitions

The following definitions apply whether or not the terms are capitalized herein.

"You" or "Your" means the individual or organization using Your.Church web services and the Gather Live Portal and thereby agreeing to the Terms.

“Your Account” means the Gather Live Portal account you set up and the website offered by you through the Gather Live Portal from that account.

"Content" means any data or material (including without limitation copyrightable subject matter, graphics, text, video and audio content, trademarks and service marks) posted by You or Your end-user.

"End-user" is an individual who accesses your unique account on the Gather Live Portal.

The Gather Live Portal shall mean the web-based software platform and the tools, functionality and services offered through the same accessible site at https://your.church 

Changes to the Terms

We may revise and update these Terms from time to time at our sole discretion. Any changes are effective when we post them. Your continued use of Your.Church web services and the Gather Live Portal following the posting of revised Terms means that you accept and agree to the changes.

Information About You and Your Access of Your.Church web services and the Gather Live Portal

All information we collect on or through Your.Church web services and the Gather Live Portal is subject to our Privacy Policy. By using Your.Church web services and the Gather Live Portal, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

License Grant

Subject to the terms and conditions herein, and Your.Church agreeing to allow you to become a registered user of the Gather Live Portal, Your.Church grants You a non-exclusive, non-transferable, terminable, limited license to use the Gather Live Portal in accordance with these Terms to create a website for your non-profit organization. Your.Church reserves the right to terminate your account to use the Gather Live Portal at any time and for any reason. Your.Church further reserves the right, in its sole discretion, to decline to allow anyone the right to use the Gather Live Portal.

Notwithstanding anything to the contrary herein, Your.Church reserves the right to terminate and revoke all or some of the rights granted hereunder temporarily and permanently in the event that Your.Church believes, in its sole discretion, that your use or intended use of Gather Live Portal or exercise or intended exercise of any rights granted hereunder is or may be inconsistent with Your.Church’s message or threatens harm to Your.Church’s or By Genesis LLC reputation or goodwill or the reputation or goodwill of its Partners or Your.Church’s relationship with any Partner.

Permitted and Unpermitted Use

These Terms allow you to use the Your.Church web services and the Gather Live Portal in accordance with these Terms for the use of your non-profit organization. All rights not expressly granted to you are reserved by Your.Church.

The following requirements must be met when using the Your.Church web services and the Gather Live Portal:

otherwise attempt to interfere with the proper working of the Gather Live Portal and Your.Church web services.





User Contributions

You acknowledge that Your dealings with End-users and any other parties met or found on or through the Gather Live Portal are solely between You and the End-user or such party. You agree that Your.Church shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.

The Gather Live Portal contains interactive features that allow users to post, submit, publish, display or transmit to other users or other persons content or materials (collectively, “User Contributions”) on or through the Gather Live Portal. It is your sole choice whether to make User Contributions on your account or whether to allow your End-users the ability to create their own User Contributions.

However, we do not undertake to review User Contributions or any other material before it is posted on or through the Gather Live Portal, and cannot ensure prompt removal of objectionable material after it has been posted. So, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party.

All User Contributions must comply with these Terms. By providing any User Contribution on or through the Gather Live Portal, you grant us and our service providers, and each of their and our respective licensees, successors and assigns, the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material in order to offer the Gather Live Portal and Your.Church web services functionality you request or otherwise utilize. You represent and warrant that you own or control all rights in and to the User Contributions and have the right to grant this license and that all of your User Contributions do and will comply with these Terms. We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of Your.Church Gather Live Portal.

Account Security

The Gather Live Portal and Your.Church web services allows users to create an account which requires providing certain information to the Gather Live Portal. You agree that all information you provide to become a registered user and register with the Gather Live Portal is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a user name, password, or similar information as part of our security procedures, you agree to treat such information confidential, and agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time if, in our opinion, you have violated any provision of these Terms.

Monitoring and Enforcement; Legal Compliance; Termination

You agree that we have the right to:

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through Your.Church Gather Live Portal. YOU ARE RESPONSIBLE FOR COMMUNICATING THE FOREGOING TO YOUR END-USERS AND YOU AGREE TO DEFEND AND INDEMNIFY Your.CHURCH AND BY GENESIS LLC FOR ANY CLAIMS ARISING FROM OUR DISCLOSURE OF END-USER INFORMATION TO COOPERATE WITH LAW ENFORCEMENT. YOU WAIVE AND HOLD HARMLESS YOUR.CHURCH AND BY GENESIS LLC AND ITS LICENSEES AND SERVICE PROVIDERS AND ALL OF THEIR EMPLOYEES, OFFICERS AND DIRECTORS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF LEGAL INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER YOUR.CHURCH AND BY GENESIS LLC OR LAW ENFORCEMENT AUTHORITIES.

Your Reliance on Information and Translations

The information presented on or through Your.Church web services and the Gather Live Portal is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. 

Intellectual Property Rights

The Gather Live Portal and Your.Church web services and its contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement of the same), are owned by Your.Church, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. You maintain ownership of Your content that is uploaded to your account. You grant Your.Church the limited right to use, reproduce, distribute and otherwise exploit any such Content solely to perform the functions you request through the Gather Live Portal with respect to the same.

Logos and Designs

The Gather Live Portal name, Your.Church name and logo, all related names, logos, product and service names, designs and slogans are trademarks and/or copyright of Your.Church and By Genesis LLc. You must not use these marks and copyright without the prior written permission of Your.Church.

Intellectual Property Infringement

If you believe that any Gather Live Portal or Your.Church web services user content, including User Contributions, infringes your intellectual property rights, including copyright, please send notice of the copyright infringement to [email protected]. Please be aware that it is the policy of Your.Church to terminate the user accounts of repeat infringers.

If You receive any notice of alleged unlawful activity or infringement of third party intellectual property rights or any other violation of applicable laws, including notice under DMCA notice provisions, based on Your content or content posted on your account, You shall immediately remove the content or take other appropriate action in response to the complaint or notice. The DMCA (Digital Millennium Copyright Act) is a copyright law that provides penalties for developing hardware or software that overrides copy protection schemes for digital media

 

Third Party Links and Services

Your.Church web services and the Gather Live Portal may include content provided by third parties. If the Gather Live Portal contains links to other sites and pop-ups and similar resources provided by third parties, these links and resources are provided for your convenience only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked from the Gather Live Portal or Your.Church web services, you do so entirely at your own risk and subject to the terms and conditions of use for such websites. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Your.Church, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Your.Church. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Linking from and to the Platform and Social Media Features

The Gather Live Portal and Your.Church web services may provide certain features that enable you to connect or link to or from social media or messaging apps as well as other third party websites and applications and share information and communications to and from the Gather Live Portal and such third party services. You may use these features solely as they are provided by us solely with respect to the content they are displayed with and otherwise in accordance with these Terms and any additional terms and conditions we provide with respect to such features. We may disable all or any of these features at any time without notice at our discretion.

Geographic Restrictions

Your.Church is based in the state of Ohio in the United States. We make no claims that the Gather Live Portal and Your.Church web services or any of its content is accessible or appropriate outside of the United States. Access to them may not be legal by certain persons or in certain countries. If you access the Gather Live Portal or Your.Church web services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws. Recognizing the global nature of the Internet, You agree to comply with all applicable laws regarding your use of the Gather Live Portal or Your.Church web services and your End-users’ use, including laws pertaining to personal information enacted in the country in which You reside.

Disclaimer of Warranties

Your.Church provides the Gather Live Portal at tiered packages to match your need of how many active browser sessions. Accordingly, YOUR USE OF THE GATHER LIVE PORTAL, ITS CONTENT AND ANY FUNCTIONALITY, SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM IS GOVERNED BY THE TIER YOU SUBSCRIBED FOR, THEREFORE ANY MORE TRAFFIC OR SESSIONS WILL BE ENTERED TO YOUR WEBSITE PORTAL IT MIGHT AFFECT THE QUALITY OF SERVICE AND IT MIGHT TO CAUSE YOUR PORTAL OR WEBSITE TO BE UNAVAILABLE OR DOWN. THE GATHER LIVE PORTAL GAVE YOU THE OPTION TO DISABLE TO GO BEYOND YOUR SUBSCRIBED TIER TO GUARANTEE THE QUALITY OF SERVICES, BUT IF YOU DECIDED NOT TO ENABLE THE LOCK TIER LIMIT OPTION IN THIS CASE YOU WILL BE USING THE GATHER LIVE PORTAL AT YOUR SOLE RISK, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER YOUR.CHURCH NOR ANY PERSON ASSOCIATED WITH YOUR.CHURCH MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, LEGALITY OR AVAILABILITY OF THE GATHER LIVE PORTAL IN CASE YOU CHOOSE NOT TO ENABLE TIER LIMIT LOCK. WITHOUT LIMITING THE FOREGOING, NEITHER YOUR.CHURCH NOR ANYONE ASSOCIATED WITH YOUR.CHURCH REPRESENTS OR WARRANTS THAT THE GATHER LIVE PORTAL OR ANY FUNCTIONALITY, CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE PLATFORM OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH YOUR.CHURCH WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

YOUR.CHURCH AND BY GENESIS LLC HEREBY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND LIABILITY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, CONCERNING COMPLIANCE WITH LEGAL REQUIREMENTS APPLICABLE TO YOU OR YOUR END-USERS, NOR DOES YOUR.CHURCH AND BY GENESIS LLC IN ANY WAY PROVIDING YOU WITH LEGAL ADVICE, GUIDANCE OR ADVICE. YOUR.CHURCH AND BY GENESIS LLC  HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

IN NO EVENT SHALL YOUR.CHURCH AND BY GENESIS LLC, ITS LICENSORS, SERVICE PROVIDERS, OR ANY OF THEIR EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR OR YOUR END-USERS’ USE, OR INABILITY TO USE, THE GATHER LIVE PORTAL AND YOUR.CHURCH WEB SERVICES, ANY WEBSITES LINKED TO IT, ANY CONTENT OFFERED ON OR THROUGH THE GATHER LIVE PORTAL AND YOUR.CHURCH WEB SERVICES OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE GATHER LIVE PORTAL AND YOUR.CHURCH WEB SERVICES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

ADDITIONALLY, AS YOU SOLELY CHOOSE TO CREATE AN ACCOUNT OFFERED TO END-USERS, YOU ARE SOLELY RESPONSIBLE FOR THE RIGHTS, OBLIGATIONS, LIABILITY AND INTERACTION AMONG AND BETWEEN YOU AND END-USERS, INCLUDING INFORMING SUCH END-USERS HOW THEIR INFORMATION IS USED WITHIN THE GATHER LIVE PORTAL AND YOUR.CHURCH WEB SERVICES.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify and hold harmless Your.Church and By Genesis LLC, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of Platform, including, but not limited to, your User Contributions, claims from End-users related to your account or their use thereof, any use of Portal content, services and products other than as expressly authorized in these Terms or your use of any information obtained from the Gather Live Portal.

Governing Law and Jurisdiction

All matters, disputes or claims relating to the Your.Church web services and the Gather Live Portal and these Terms (including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Ohio without giving effect to any choice or conflict of law provision or rule. Any legal suit, action or proceeding arising out of, or related to, these Terms or Your.Church web services and the Gather Live Portal shall be instituted exclusively in the federal courts of the United States or the courts of the State of Ohio in each case located in the City of Cincinnati City, Hamilton County. By agreeing to these Terms and using Your.Church web services and the Gather Live Portal, you waive any and all objections to the exercise of jurisdiction over you by such courts and to venues in such courts.




Waiver and Severability

Your.Church and By Genesis LLC may only waive its rights under these Terms in writing. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms will continue in full force and effect.

Entire Agreement

These Terms and our Privacy Policy constitute the sole and entire agreement between you and By Genesis LLC. with respect to Your.Church web services and the Gather Live Portal and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Gather Live Portal and Your.Church web services.

Your Comments and Concerns

All feedback, comments, requests for technical support and other communications relating to Your.Church web services should be directed by emailing [email protected] or through the website https://your.church. Any feedback you provide to us shall be deemed to be non-confidential. Your.Church shall be free to use such information on an unrestricted basis.