Terms of Use
Last updated July 2022
Thank you for visiting the website
of RiverLife Church, part of RiverLife Ministries. These Terms of Use (“Terms”
or the “Agreement”) constitute a legally-binding agreement made between you,
whether personally or on behalf of an entity (“you”) and RiverLife Church (“RiverLife
Church,” “we,” “us” or “our”), concerning your access to and use of our website riverlifeworship.com, other websites, applications, social media accounts,
advertisements and notices, and all of our services, media forms and/or channels
(collectively, the “Site”). You agree that by accessing the Site for spiritual
purposes, educational purposes, to communicate with us, or in any way, you have
read, understood, and agree to be bound by all of these Terms.
IF YOU DO NOT AGREE WITH ALL OF THE
TERMS HEREIN, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU
MUST DISCONTINUE USE IMMEDIATELY.
By using our Site and receiving
services related to the Site, you also agree to be bound by our Privacy Policy
and any supplemental terms and conditions or documents that may be posted on or
through the Site from time to time. The Privacy Policy and any supplemental
policies are hereby expressly incorporated herein by reference. We reserve the
right, in our sole discretion, to make changes or modifications to these Terms
at any time and for any reason. We will alert you about any changes by updating
the “Last Updated” date of these Terms at the top of this section, and you
waive any right to receive specific notice of each such change. It is your
responsibility to periodically review these Terms to stay informed of updates.
You will be subject to, and will be deemed to have been made aware of and to
have accepted, the changes in any revised Terms by your continued use of the Site
after the date such revised Terms are posted.
The information provided on the Site
is not intended for distribution to or use by any person or entity in any
jurisdiction or country where such distribution or use would be contrary to law
or regulation or which would subject us to any registration requirement within
such jurisdiction or country. Accordingly, those persons who choose to access
the Site from other locations do so on their own initiative and are solely
responsible for compliance with local laws, if and to the extent local laws are
applicable.
The Site is intended for users who
are at least eighteen (18) years old or otherwise have the permission of their
parent(s) or legal guardian(s) to access the Site.
1.
Indemnity by You
You agree to defend, protect,
indemnify and hold RiverLife Church, its parent organization, subsidiaries,
affiliates, officers, agents, predecessors and successors in interest, and
other partners, employees and volunteers, harmless from any loss, liability,
claim, or demand, including reasonable attorneys’ fees, arising out of or
related to:
- your use of the Site or related services;
- a breach of these Terms;
- any third party claim of infringement of copyright or
other intellectual property rights or invasion of privacy arising from
your use of the Site, and/or your making available thereof to other users
of the Site;
- any activity related to your use of the Site, be it by
you or by any other person accessing the Site with or without your consent
unless such activity was caused by the act or default of RiverLife Church.
2.
Prohibited Uses of the Site
The Site and services related to the
Site are intended for your own use. By using the Site, you agree not to:
- Reproduce, copy, modify in any material manner, or
remove RiverLife Church’s proprietary marks, logos or notices;
- Lease, resell or redistribute any of our services;
- Use the Site in connection with any commercial
endeavors;
- Provide access to or give the Site or any part or
portion of the Site to a third party;
- Reverse engineer the Site;
- Make the Site available on any file-sharing platform;
- Harm, as determined in our sole discretion, RiverLife
Church, the Site, other users or third parties or their use and/or
experience with the Site with, including but not limited to the uploading
of malicious software, viruses, spyware, malware, cookies, bugs,
keyloggers, or any other materials expressly prohibited;
- Use the Site in connection with any legal matters that
are frivolous, immaterial, illegal, lack merit, involve the laws of
foreign legal jurisdictions, or have been pursued for an excessive or
unreasonable amount of times as determined by us;
- Use the Site in connection with perpetrating, aiding or
abetting a crime or fraudulent activity;
- Systematically retrieve data or other content from the Site
to create or compile, directly or indirectly, a collection, compilation,
database, or directory without written permission from us;
- Make any unauthorized use of the Site, including
collecting usernames and/or e-mail addresses of users by electronic or
other means for the purpose of sending unsolicited e-mail, or creating
user accounts by automated means or under false pretenses;
- Use a buying agent or purchasing agent to make
purchases on the Site;
- Circumvent, disable, or otherwise interfere with
security-related features of the Site, including features that prevent or
restrict the use or copying of any content or enforce limitations on the
use of the Site and/or the content contained therein;
- Trick, defraud, or mislead us and other users, especially
in any attempt to learn sensitive account information such as user
passwords;
- Make improper use of our support services or submit
false reports of abuse or misconduct;
- Use any information obtained from the Site in order to
harass, abuse, or harm another person, or make any statement or take any
action that is in violation of any user’s civil or other rights;
- Disparage, tarnish, or otherwise harm, in our opinion,
us and/or the Site;
- Engage in any automated use of the Site, such as using
scripts to send comments or messages, or using any data mining, robots, or
similar data gathering and extraction tools;
- Interfere with, disrupt, or create an undue burden on
the Site or the networks or services connected to the Site;
- Attempt to impersonate another user of the Site;
- Use the Site or any related services in a manner that
violates any applicable law, regulation or this agreement;
- Permit any third party to use the Site in a manner that
violates any applicable law, regulation or this agreement.
3.
Intellectual Property Rights
Except as expressly set forth in these
Terms, nothing contained herein shall be construed as conferring any license or
right, by implication or otherwise, under any of our copyrights or other
intellectual property rights. You agree that this Site and our content is
protected by copyrights, trademarks, service marks, patents or other
proprietary rights and laws.
This Site may include various
product names, business names, logos, slogans and other marks in which we have
a registered trademark interest or other protectable interest (collectively “RiverLife
Church’s Property”). The Site may also include product names, business names,
logos, slogans and other marks in which others have a protectable interest
(collectively “Other Materials”). You may not copy, download, display,
distribute, modify or sublicense any of RiverLife Church’s Property or Other
Materials on the Site without the prior express written permission of the
appropriate owners.
4.
Limitation of Liability
In no event will we be liable for
any damages whatsoever, whether direct, indirect, general, special,
compensatory, consequential, and/or incidental, arising out of or relating to
the Site, or use thereof. Nothing contained in the Site or in any written or
oral communications from RiverLife Church or its employees or agents, including
in social media posts or advertisements, shall be construed to make any
promise, covenant, warranty, or guaranty, all of which are explicitly
disclaimed hereby, contrary to the statements and disclaimers contained in this
paragraph.
The content and functionality on the
Site are offered “as is” without warranty of any kind, either express or
implied, including, without limitation, implied warranties of merchantability,
fitness for a particular purpose, title and non-infringement.
We make no warranties, express or
implied, as to the ownership, accuracy, completeness or adequacy of the Site content
or the related services therein or that the functionality of the Site will be
uninterrupted or error-free or free from virus or third party attack. You
hereby acknowledge that your use of the Site is at your sole risk.
UNDER
NO CIRCUMSTANCES SHALL RIVERLIFE CHURCH, ITS OFFICERS, OWNERS, EMPLOYEES OR
AGENTS AND THEIR RESPECTIVE HEIRS, SUCCESSORS AND ASSIGNS BE LIABLE FOR ANY
DAMAGES, INCLUDING DIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL OR
EXEMPLARY DAMAGES THAT DIRECTLY OR INDIRECTLY RESULT FROM USE OF, OR INABILITY
TO USE, THE SITE OR THE SERVICES OR THE INFORMATION CONTAINED THEREIN,
INCLUDING WITHOUT LIMITATION FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE
SITE, EVEN IF RIVERLIFE CHURCH HAS BEEN NOTIFIED OF THE POSSIBILITY OF SUCH
DAMAGES OR LOSSES AND REGARDLESS OF THE THEORY OF LIABILITY.
TO THE GREATEST EXTENT PERMITTED BY LAW, YOU AGREE THAT IN NO EVENT WILL RIVERLIFE
CHURCH HAVE ANY LIABILITY, CONTINGENT OR OTHERWISE, FOR ANY INDIRECT, SPECIAL,
INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES IN ANY WAY ARISING OUT OF OR
RELATING TO THE TERMS, THE SITE OR RELATED SERVICES, INCLUDING, BUT NOT LIMITED
TO: LOST PROFITS, LOST DATA, LOSS OF GOODWILL, COPYRIGHT INFRINGEMENT, WORK
STOPPAGE, EQUIPMENT FAILURE OR MALFUNCTION, PERSONAL INJURY, PROPERTY DAMAGE,
OR ANY OTHER DAMAGES OR LOSSES, EVEN IF RIVERLIFE CHURCH HAS BEEN ADVISED OF
THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY
(CONTRACT, TORT, STATUTE, INDEMNITY OR OTHERWISE) UPON WHICH SUCH LIABILITY IS
BASED.
In the event that any of the
foregoing limitations are deemed to be unenforceable, to the greatest extent
permitted by law, you agree that the entire aggregate liability of RiverLife
Church and sole remedy available to any user in any case in any way arising out
of or relating to the Terms, the Site or related services shall be limited to
monetary damages that in the aggregate may not exceed the greater of $100.00.
5.
Visitor-Submitted Content
The
Site, particularly our social media accounts, may allow visitors to post
images, audio, text, video, links to other sites, or other content to the Site
(collectively “Visitor Content”). Neither RiverLife Church nor any of its
affiliates endorses these entities or individuals nor are we in any way
associated with any of the materials that they may post on or through the Site.
Neither RiverLife Church, its subsidiaries, affiliates, officers, agents,
predecessors and successors in interest, and other partners shall have any
responsibility or liability of any nature whatsoever arising in connection with
any materials provided by these entities or individuals or in connection with
any conduct of these entities or individuals.
Each user who posts any Visitor Content acknowledges and agrees that we have
the right, in our sole discretion, to take down or remove or alter any and all Visitor
Content we deem inappropriate, illegal or otherwise offensive. Any user who
posts any Visitor Content hereby represents that such Visitor Content does not
violate any third-party intellectual property rights and further grants us a
license to show and make this content accessible on the Site or any successor
or affiliate website. By posting any Visitor Content to the Site, you hereby
agree to indemnify us from any damages and claims related to the Visitor Content,
including but not limited to any infringement, misappropriation, libel or other
claims.
6.
Site Management
We reserve the right, but not the
obligation, to: (1) monitor the Site for violations of these Terms; (2) take
appropriate legal action against anyone who, in our sole discretion, violates
the law or these Terms, including without limitation, reporting such individual
to law enforcement authorities; (3) in our sole discretion and without
limitation, refuse, restrict access to, limit the availability of, or disable
(to the extent technologically feasible) any of your contributions or any
portion thereof; (4) in our sole discretion and without limitation, notice, or
liability, to remove from the Site or otherwise disable all files and content
that are excessive in size or are in any way burdensome to our systems; and (5)
otherwise manage the Site in a manner designed to protect our rights and
property and to facilitate the proper functioning of the Site.
7.
Modification and Interruptions
We reserve the right to change,
modify, or remove the content on the Site at any time or for any reason at our
sole discretion without notice. However, we have no obligation to update any
information on our Site. We also reserve the right to modify or discontinue all
or part of the Site without notice at any time. We will not be liable to you or
any third party for any modification, price change, suspension, or
discontinuance of the Site.
We cannot guarantee the Site will be
available at all times. We may experience hardware, software, or other problems
or need to perform maintenance related to the Site, resulting in interruptions,
delays, or errors. We reserve the right to change, revise, update, suspend,
discontinue, or otherwise modify the Site at any time or for any reason without
notice to you. You agree that we have no liability whatsoever for any loss,
damage, or inconvenience caused by your inability to access or use the Site
during any downtime or discontinuance of the Site. Nothing in these Terms will
be construed to obligate us to maintain and support the Site or to supply any
corrections, updates, or releases in connection therewith.
8.
Electronic Communications, Transactions, and Signatures
Visiting the Site, sending us e-mails,
in-app or chat messages, and providing requested information via web based
communications constitute electronic communications. You consent to receive
electronic communications, and you agree that all agreements, notices,
disclosures, and other communications we provide to you electronically, via e-mail
and through the Site, satisfy any legal requirement that such communications be
in writing. You hereby agree to the use of electronic signatures and other
records, and to electronic delivery of notices, policies, and records of
transactions initiated or completed by us or via the Site. You hereby waive any
rights or requirements under any statutes, regulations, rules, ordinances, or
other laws in any jurisdiction which require an original signature or delivery
or retention of non-electronic records.
9.
Availability Outside the U.S.
If you access the Site from outside
of the United States, you do so at your own risk and are responsible for
compliance with the laws of your jurisdiction. If you access the Site from
outside of the United States, you acknowledge that any personal information you
provide will be processed in the United States and other geographies as
selected by us in our sole discretion, and you hereby consent to the collection
and processing of your personal information in a manner consistent with these
Terms and the Privacy Policy.
10.
Term and Termination
These Terms shall remain in full
force and effect while you use the Site. Without limiting any other provision
of these Terms, we reserve the right to, in our sole discretion and without
notice or liability, deny access to and use of the Site (including blocking access),
to any person for any reason or for no reason, including without limitation for
breach of any representation, warranty, or covenant contained in these terms or
any applicable law of regulation. We may terminate your use of or participation
in the Site without warning, at our sole discretion.
If we terminate or suspend your use
of or access to the Site, for any reason, you are prohibited from revisiting or
re-accessing the Site under your own name, a fake or borrowed name, or the name
of any third party, even if you may be acting on behalf of the third party. In
addition to terminating or suspending your access privileges, we reserve the
right to take appropriate legal action, including without limitation pursuing
civil, criminal, and injunctive redress.
11.
Severability Waiver
If any provision of these Terms is
found to be invalid by any court having competent jurisdiction, the invalidity
of such provision shall not affect the validity of the remaining provisions of these
Terms, which shall remain in full force and effect. No waiver of any term shall
be deemed a further or continuing waiver of such term or any other term. In
addition, our failure to enforce any term shall not be deemed as a waiver of
such term or otherwise affect our ability to enforce such term at any point in
the future.
12.
Governing Law
These Terms and our legal
obligations hereunder are subject to the laws of the State of New Jersey, regardless
of your location. You hereby consent to the exclusive jurisdiction of and venue
in the federal and state courts located in the Morris County Vicinage, situated
in Morristown, New Jersey, United States of America, in all disputes arising
out of or relating to the Site.
13.
Attorney Fees
In the event that RiverLife Church
is successful in whole or in part in any action or proceeding related to or
arising from this Agreement, you shall be responsible for RiverLife Church’s
attorneys’ fees and costs.
14.
Miscellaneous
These Terms and any policies or
operating rules posted by us on the Site or in respect to the Site constitute
the entire agreement and understanding between you and us. Our failure to
exercise or enforce any right or provision of these Terms shall not operate as
a waiver of such right or provision. These Terms operate to the fullest extent
permissible by law. We may assign any or all of our rights and obligations to
others at any time. We shall not be responsible or liable for any loss, damage,
delay, or failure to act caused by any cause beyond our reasonable control.
There is no joint venture, partnership, employment or agency relationship
created between you and us as a result of these Terms or use of the Site. You
agree that these Terms will not be construed against us by virtue of having
drafted them. You hereby waive any and all defenses you may have based on the
electronic form of these Terms and the lack of signing by the parties hereto to
execute these Terms.
15.
Please read our privacy policy.
Please read our Privacy Policy,
which is incorporated fully into these Terms.
16.
Contact
If you have any questions, comments, or concerns about our Terms of Use, please let us know at info@riverlifeworship.com.